Should I go for stamping?

P

pkamath2

New Member
I have a H1B visa until Jan 2009. I have approval notice until Jan 2012 (same company - H1B for the next 3 years). I am travelling to India in Nov-08 and returning in Deb-08. I have 2 questions:

1. should I go for h1B stamping? If yes, can I go in Oct? (abt 90 days before start date (jan 2009)in visa extension)

2. If I dont have to go for stamping, should I make sure the i-94 given at entry port by immig official is until 2012 or does he/she have the discretion to only give the entry i-94 until the visa validity date of Jan 2009? If they give until Jan 2009 should I leave the country again after my return in Dec-08 and get stamping done by Jan 2009?

Thanks.
 
1. Yes you should. Ask the Consulate you are going to apply for a visa at if they have a problem issuing you a new H-1B visa. I doubt that they have though.

2. A CBP officer at POE should issue an I-94 that won't expire until Jan. 2012 as long as you show your new approval notice with your passport. But it is possible that you will be given an I-94 that expires Jan. 2009.

You can file I-129 again just to extend your stay if you don't want leave the U.S., but getting outside the U.S. and coming back with a new visa makes more sense (and cheaper in terms of filing fees).
 
Last edited by a moderator:
Thank you for your response. As per my phone appt with an immigration firm, they advised the same as you, about showing the new extended I-797.
They also mentioned that if I still get a stamp until my current H1B stamp (2009) then
I can get it fixed at a nearby CBP.
Also, I am seeing on different forums that these kind of I-94 corrections are getting fixed
by making 1 or multiple visits to nearby CBP offices.
 
Last edited by a moderator:
You must log in or register to reply here.
Top