new extension approved but old H1B stamp in passport and travelling

M

mike jain

Registered Users (C)
Hi,

    I guess, this is another complicated situation. I have
valid visa stamp until feb 20, 2002 in my passport. I got new
H1B extension (with new I94) approved from feb 21, 2002
until oct 31, 2002.
I plan to travel to india from dec 16 thru, jan 8, 2002. My question
is when I come back on jan 8, they\'ll give me new I-94 with
expiry date of feb 20, 2002 (right ?), does that mean, my new
extension is invalid and I have to reapply ? If yes, how can
I get around that ? I\'d very much appreciate any replies.

Thanks,
Mukul
 
Just show the new approval notice at the port of entry...

and they will give you a new I94 valid until October, 2002
 
thanks , can you please elaborate

I was talking to my attoreney and she said, that they would only
look at my visa-stamp and not new approval notice to draft new
I-94...can you please elaborate how I cna do this...and if this
is possible...because that will be really helpful. Thanks.
 
No Title

You have few options.

1. As suggested above, show your new I-797 approval notice at the POE upon arrival and you will be given a new I-94 valid till Oct 2002. However, if you were to travel out of country after feb 20, 2002 you would first have to get visa revalidated i.e. get a new visa stamp in your passport (as the current one will have expired by then). And if I-94 is not endorsed till Oct 2002 (from new approval notice), which may happen depending on how informed and trained the immigration officer is, you will have to do point 3 below after coming back from India and before feb 20.

2. You can get new visa stamped in your passport (at US consulate office) based on your new approval notice in India provided its your home country. And you will get new I-94 upon arrival based on your new visa stamp (both valid till Oct 2002).

3. Go to Canada or Mexico (if you are skeptical about trying in India) before you travel to India and get a new visa and I-94 (explained very thoroughly on this forum).
 
No Title

Hi,
  You cannot get a new visa either in Canada or Mexico now that they have stopped issuing new visas.
  The best thing to do is show your new approval notice to them and they will auotmatically endorse your i-94 till Oct 2002.
 
thanks , can you please elaborate

I was talking to my attoreney and she said, that they would only
look at my visa-stamp and not new approval notice to draft new
I-94...can you please elaborate how I cna do this...and if this
is possible...because that will be really helpful. Thanks.
 
No Title

Well, about getting a new visa stamp in India is not possible becuase
then they will strike out the current visa (one can\'t have 2 visas
valid at the same time) that means, I can not ENTER until feb 19.
My attorney said that, as regards immigration-person at the POE
giving me an I-94 until dec 2002...well by law he is supposed to
give me an I-94 until feb 18, 2002 only...again as stated by my
attorney. Are there any exact/laid-down guidelines that I can
access over web...or ? Or if somebody has experienced the same
situation ? Thanks,
-Mukesh
PS: I really appreciate the help extended by you guys. Thanks. :)
 
No Title

As per the following posting on this forum
"Accepting Appointments:H visa stamping in Canada" 12/4/01 9:56pm
seems like they have resumed the normal operations. Pls. verify yourself before taking my word for it.
 
No Title

Search for the word \'Aytes\' on this forum and trace the links. As per this memo, the new I-94 at POE should be endorsed as per the new approval notice when presented. But I am not an attorney so what do I know.
 
Ice, You know enough to be correct

And it looks as if the attorney that advised Mukub is incorrect since it is not possible to INS Assistant Commissioner Michael Aytes to be wrong on this one.

Jim
 
Michael Aytes Memo ?

can someone please forward me the memo at following address ?
Many thanks indeed. "mukub@hotmail.com"

Regards,
-Muku
 
No Title

Just found that a visa may be revalidated it if has a remaining validity of not more than 60 days, or has not been expired for more than one year. This is true at DOS and I don\'t expect it to be any different at any US consulate office.
 
confused

You mean, if one has a new visa from 18 feb until dec 10 and then if
he enters country on jan 10 on an old visa (valid until feb 17),
he/she can NOT revalidate the new visa, it\'s void, right ?
 
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