H1B Stamping - Do I need it?

G

Gaurav666

New Member
Hi,

Here is my situation.

I have a H1B Visa(stamped) expiring on JULY 2005
I got my extension approved last week, hence I have the new I-94/Petition valid till 2007.
I am travelling to India on MAY and plan to return on JUNE 2005

My Ques:
1) Can I re-enter US on my Old Visa and get an I-94 extension till my extension expiry date? or if I have to go for stamping in India before entering US.

2) If the answer to above ques is "yes", what all documents do I need to show at the POE.


thanks.
 
Please help me

I have a similar problem here.Can somebody help me?

I have my VISA valid till Dec 2005.i got my H1 transferred to a NEW EMPLOYER and that is valied till July 2007.I am planning for a trip to india in JUNE 2005 for marriage.

1.
Can i travel back on the same VISA (my old employers VISA) and show my new approved H1 to get a i-94 till 2007? Will they allow if the VISA has one employer and the approved h1B from diff employer?
2.
Will there be any prob when my wife files for H4? as my visa is still on old employers name?
3.
My port of entry is detroit. Is it a safe POE as far as the immigration is concerned?

Please help me...

Thanks
 
Gaurav666 said:
Hi,

Here is my situation.

I have a H1B Visa(stamped) expiring on JULY 2005
I got my extension approved last week, hence I have the new I-94/Petition valid till 2007.
I am travelling to India on MAY and plan to return on JUNE 2005

My Ques:
1) Can I re-enter US on my Old Visa and get an I-94 extension till my extension expiry date? or if I have to go for stamping in India before entering US.

2) If the answer to above ques is "yes", what all documents do I need to show at the POE.


thanks.
Click to expand...

--- Recanted ---
 
Last edited by a moderator:
To both of you :

You can enter with an old (ex-employer) visa as long as its is not expired when you enter.

Make sure you show ONLY the latest approval notice -- your I-94 expiry date should be the same as your latest approval notice ...... the only exception to this is when your passport expires before the approval notice -- in that case your I94 will reflect passport expiry date.

I'll repeat -- Check the dates -- if the officer by mistake put the visa stamping expiry date on I-94 instead of the approval notice, bring it to their attention immediately -- they'll fix it.

The company name on the visa stamp is meaningless -- you need to have your latest approval notice and all of the other H1 stuff (like emp. letter and paystubs) from the latest employer.
 
Sc3 said:
You will have to go for the visa renewal. You can go to India and come back, but the problem is that the POE officer will just give you the I-94 valid till July and not till the extension expiry date (he just looks at the visa expiry for deciding the duration of stay)
Click to expand...
This is NOT TRUE

The officer looks at the approval notice to decide the date.

The I-94 would be dated till 2007 (unless the passport expires before that date).
 
ushanks said:
I have a similar problem here.Can somebody help me?

I have my VISA valid till Dec 2005.i got my H1 transferred to a NEW EMPLOYER and that is valied till July 2007.I am planning for a trip to india in JUNE 2005 for marriage.

1.
-- Recanted --
2.
Will there be any prob when my wife files for H4? as my visa is still on old employers name?
3.
My port of entry is detroit. Is it a safe POE as far as the immigration is concerned?

Please help me...

Thanks
Click to expand...

1. -- Recanted --

2. You wife will have no problems getting H4 (congratulations on your marriage).

3. No Idea I am from SFO region.


Hope that helps.
 
Last edited by a moderator:
To Sc3

Please check your facts.

You don't need a new visa just because you changed employers / extended H1.
As long as the visa is valid, you can enter using a more recent approval notice and the I-94 would be dated per the approval notice.

You need a new visa stamp ONLY if the old one has expired.
 
Ok, I recant on my previous statements, while I try to verify my information. I have previously gotten my dates extended only till the duration of Visa (even though my H1 period was a couple of weeks past the Visa duration).
 
Sc3 said:
Ok, I recant on my previous statements, while I try to verify my information. I have previously gotten my dates extended only till the duration of Visa (even though my H1 period was a couple of weeks past the Visa duration).
Click to expand...
Are you absolutely sure you presented your latest approval notice to the immigration officer ??
If you did give them the latest approval notice, its an error if they issued your I-94 with the older expiry date ....
They make mistakes too :) -- but they are usually very good about fixing it (if you bring it to their attention)

Most likely we forget and give the older approval notice (esp. if we've not changed employers).

:)
 
THANKS A LOT to you both on your inputs.

This forum is very helpful.. i wish someday i also will help somebody on this forum..

Thanks once again
 
coming back to U S

hi i want to know can i come back to usa with my previous employers stamping and new employers fresh petition my H1 B visa is valid for another 6 months so if i want to go to india and come back to usa will it be possible ?
coz the employers name will be different in visa and in the petition
kindly answer my question
 
Hi All,

In the above situation, i have one critical question. Please answer.
While going out from USA, you are suppossed to return/submit the new I-94 also at the Airport. Then you will be having only the Approval notice (I-797), in that also there will be expiry date as in I-94. I won't face any problems while entering back to USA right?.

Thx,
satgym73
 
pree said:
hi i want to know can i come back to usa with my previous employers stamping and new employers fresh petition my H1 B visa is valid for another 6 months so if i want to go to india and come back to usa will it be possible ?
coz the employers name will be different in visa and in the petition
kindly answer my question
Click to expand...
YES - you can enter using a previous employer's visa stamp & a new employer's approval notice.
Your I94 would be stamped till the expiration date on the approval notice.
You only need to carry papers to prove that you're working for the new company - you don't need anything from the old company.

The company name on the visa stamp doesn't matter.
 
satgym73 said:
Hi All,

In the above situation, i have one critical question. Please answer.
While going out from USA, you are suppossed to return/submit the new I-94 also at the Airport. Then you will be having only the Approval notice (I-797), in that also there will be expiry date as in I-94. I won't face any problems while entering back to USA right?.

Thx,
satgym73
Click to expand...
Look at the top right portion of the approval notice -- that "expiry" date is what ultimately matters in determining the I-94 date that you get at POE.

You need to re-enter before that date (& also before your visa stamp expires)
 
You must log in or register to reply here.
Top