Please advice: H1- restamping and travel.

H

Hans

Registered Users (C)
Hello guys/gals,
Please help me.

My current H1-B Visa is valid until 19 March 2006 and the new extension VISA I got is valid until 19 Mar 2007.

I have applied for my !-140 and !-485 and expecting to get my EAD and AP.

I will be going to India on the 24th of this month ( DEC 2005) and would be returning on the 13th of Jan 2006.

The current VISA I have is from Company A ( My previous Employer) and the extended VISA is from my current company B.

Since I dont have enough time to get my extended VISA stamped before I leave to India and also I wont be able to get an appointment in India in such a short notice.

Also getting a VISA appointment in Canada/Mexico before I leve for India is difficult.

I want to know if I could go to India and return based on the existing VISA (valid until 19 Mar 2006) without
getting the new Extended VISA stamped in my passport and get it stamped from Canada or Mexico after my return.

The I-94 form number from the old VISA is reflected in the I-94 form attached to the H1 approval notice.

My lawyer tells me that if I re-enter US with the old stamping, the approved extension would be nullified and would have to reapply for it.

Please let me know what other options I have.

All your advices and help is greatly appreciated.

Thanks and Warm regards
Hans
 
Hans said:
My current H1-B Visa is valid until 19 March 2006 and the new extension VISA I got is valid until 19 Mar 2007.
Click to expand...
what is the validity period of new H1B and I94 ?

The I-94 form number from the old VISA is reflected in the I-94 form attached to the H1 approval notice.
My lawyer tells me that if I re-enter US with the old stamping, the approved extension would be nullified and would have to reapply for it.
Click to expand...
I'm curious what answer you get from your lawyer if you ask them that is also true for change of status case instead of H1 extension case. I haven't seen any article for mismatching I94 issue for H1 extension case, but CIS clarified how to treat mismatched I94 issue in COS case.
If he said it is true for COS case too, I do not trust them.
 
Last edited by a moderator:
Hi gotpr,
Here the answers for your questions.


1. The VISA is for extending my stay beyond 6 years as my I-140 and I-485 are being processed concurrently.

2. The Vaildity of the new VISA is untill 19 Mar 2007.

warm regards
Hans
 
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