Travel on H1B. Old h1b visa expired, has an approved I-797 valid until July 2009

[dcchic_07]

Hi!

I hope someone will take time to answer my query.

- The H1B visa stamped on my passport is for Company A which is valid from Feb 2006 to Oct 1, 2008.

- Company B did an H1 Transfer which is valid from Oct 2006 to July 2009. Company B filed I-140 and I-485 concurrently last July 2007 and both are still pending.

- I never traveled outside the United States since I got here last Feb 2006 so I still have company A visa on my passport.

- I am planning to travel outside of US on Jan 2009

Questions:

1. Will there be any problem going back to the US?

2. I understand that I have to go back to the US consulate outside the US for a visa restamping since my old H1B visa will be expired by the time of my travel. Will there be any problem getting my new H1B visa on January 2009 if my new I-797 is just valid until July 2009?

3. I have a pending I-140 and 485 petition. I have an EAD but never used it. Will this have any effect on my eligibility to come back here in the US under H1B?

Thank you very much. Your response will be greatly appreciated.

 

[ginnu]

Hi!

I hope someone will take time to answer my query.

- The H1B visa stamped on my passport is for Company A which is valid from Feb 2006 to Oct 1, 2008.

- Company B did an H1 Transfer which is valid from Oct 2006 to July 2009. Company B filed I-140 and I-485 concurrently last July 2007 and both are still pending.

- I never traveled outside the United States since I got here last Feb 2006 so I still have company A visa on my passport.

- I am planning to travel outside of US on Jan 2009

Questions:

1. Will there be any problem going back to the US?
----------------------- If you want to Enter US BEFORE Oct 1, 2008 you can enter US with Valid Visa stamp that is valid till Oct 1, 2008 and at POE show Visa stamp in passport AND H1 transfer approval at POE
2. I understand that I have to go back to the US consulate outside the US for a visa restamping since my old H1B visa will be expired by the time of my travel.
Will there be any problem getting my new H1B visa on January 2009 if my new I-797 is just valid until July 2009?
---------------- I dont think any problem if approval is only valid for 6-7 months on the date you apply Visa
3. I have a pending I-140 and 485 petition. I have an EAD but never used it. Will this have any effect on my eligibility to come back here in the US under H1B?
-------------------------Not problem due to pending I-140 or I-485.
Thank you very much. Your response will be greatly appreciated.

***as back up why not to apply AP now???

 

[dcchic_07]

thank you for your reply ginu. I just spoke with a legal consultant over the phone. SHe said that if I have a current advance parole document, I don't have to get a new H1B visa stamp to re enter the US. I can use the advance parole document to re enter without harming my H1 status.

- Would you recommend using the AP document to re enter US instead of going to the US consul for H1B visa restamping?

- How long does it usually take to receive approval of AP application?

Thank you very much in advance.

 

[ginnu]

thank you for your reply ginu. I just spoke with a legal consultant over the phone. SHe said that if I have a current advance parole document, I don't have to get a new H1B visa stamp to re enter the US. I can use the advance parole document to re enter without harming my H1 status.

- Would you recommend using the AP document to re enter US instead of going to the US consul for H1B visa restamping?
----------------------------------- I prefer to go for H1B visa stamp from US consulate and if problem/delay for Visa stamp then only use AP to enter US
- How long does it usually take to receive approval of AP application?
---------------------------from the date you apply for Advance Parole it may take 2-3 months time to get AP in hand, if you want to use AP then apply now and go out only when AP is approved and you get in hand.

Thank you very much in advance.

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