An employee received her H-1B last week. She had previously been granted an H-1B but had to get it stamped in in the Philippines. She used a I-129 to apply for another H-1B for issuance in the U.S. so she did not have to go home to get the stamp. That is the visa that was approved last week.
Now, employee needs to go home to see ailing parent; however, she is unsure whther the new H-1B will allow her to do that and return without a problem. The language on the new Notice of Action (NOA) reads:
"The above petitition (I-129) and extension of stay have been approved. The status of the foreign worker in this classification is valid as indicated above (H1B1, valid 4/17/2003 to 2/28/2006)." (Language regarding working provisions omitted)
"The petitioner should keep the upper portion of this notice. The lower portion should be given to the worker. He or she should keep the right part with his/her I-94 (I-94 sent to INS when H1B1 was applied for in February though). This should be turned in with the I-94 when departing the U.S. The left part is for his/her records. A person granted an extension of stay who leaves the U.S. normally must obtain a new visa before returning. The left part can be used in applying for the new visa. If a visa is not required, he or she should present it (presumably the left lower part of the NOA), along with any other required documentation, when applying for reentry in this new classification at a port of entry or pre-flight inspection station. The petitioner may also file a Form I-829 "Application for Action on Approved Application or Petition", with this office to request that we notify a consulate, port of entry or pre-flight inspection station of this approval.
"THIS FORM IS NOT A VISA NOR MAY IT BE USED IN PLACE OF A VISA"
So, questions:
1. Will she need a new visa if she leaves?
2. Under what circumstances would a new visa NOT be required?
3. Is it best to file a Form I-829 or just take the documenation with you?
4. Is it best to get the new stamp at a POE, pre-flight inspection station, or consulate?
Many thanks for your help.
Now, employee needs to go home to see ailing parent; however, she is unsure whther the new H-1B will allow her to do that and return without a problem. The language on the new Notice of Action (NOA) reads:
"The above petitition (I-129) and extension of stay have been approved. The status of the foreign worker in this classification is valid as indicated above (H1B1, valid 4/17/2003 to 2/28/2006)." (Language regarding working provisions omitted)
"The petitioner should keep the upper portion of this notice. The lower portion should be given to the worker. He or she should keep the right part with his/her I-94 (I-94 sent to INS when H1B1 was applied for in February though). This should be turned in with the I-94 when departing the U.S. The left part is for his/her records. A person granted an extension of stay who leaves the U.S. normally must obtain a new visa before returning. The left part can be used in applying for the new visa. If a visa is not required, he or she should present it (presumably the left lower part of the NOA), along with any other required documentation, when applying for reentry in this new classification at a port of entry or pre-flight inspection station. The petitioner may also file a Form I-829 "Application for Action on Approved Application or Petition", with this office to request that we notify a consulate, port of entry or pre-flight inspection station of this approval.
"THIS FORM IS NOT A VISA NOR MAY IT BE USED IN PLACE OF A VISA"
So, questions:
1. Will she need a new visa if she leaves?
2. Under what circumstances would a new visa NOT be required?
3. Is it best to file a Form I-829 or just take the documenation with you?
4. Is it best to get the new stamp at a POE, pre-flight inspection station, or consulate?
Many thanks for your help.