travelling back to US without H1 restamping...

J

jo08182007

New Member
Hello experts,

I have a H1 stamp for previous Employer "A" on my passport & have latest I-797 for my current employer. We are travelling to India for vacation. As my current H1 stamp is still valid, I am not going for restamping. In that case, I will be entering back in US on my current H1 stamp & latest I797 notice.

My question is, is this a safe option OR Do I have to go for restamping ?
Also in this case, Is it advisable that me & my family should enter back in US together OR it is safe if we enter separately (me entering before them ) ?

Please advise

-JO
 
You can come back with your current valid visa. But you have to show your latest I-797 from your current employer. They will stamp the new expiration date that is in your I-797 and give you new I-94. You can both travel together.

I hope you've applied seperate H4 extension and got approval for your spouse as well ?.

jo08182007 said:
Hello experts,

I have a H1 stamp for previous Employer "A" on my passport & have latest I-797 for my current employer. We are travelling to India for vacation. As my current H1 stamp is still valid, I am not going for restamping. In that case, I will be entering back in US on my current H1 stamp & latest I797 notice.

My question is, is this a safe option OR Do I have to go for restamping ?
Also in this case, Is it advisable that me & my family should enter back in US together OR it is safe if we enter separately (me entering before them ) ?

Please advise

-JO
Click to expand...
 
Thanks satgym73.

Is there something like separate H4 extention you have to file for?
 
Last edited by a moderator:
In order to keep the spouse in H4 status continuously...you have to apply for H4 extension for her as well whenever you apply for H1 transfer or extension.

Regarding stamping new date on the passport and I-94 at POE...yours should be fine. I don't know about your spouse though. Someone has to confirm you on this. I'd lost knowledge on these H1's since i've used my EAD to work.

jo08182007 said:
Thanks satgym73.

Is there something like separate H4 extention you have to file for?
Click to expand...
 
I checked with the Legal Dept guys in my company. They are saying that even if separate H4 extention is not filed, spouse should be able to use my 797 at the immigration.
 
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