Travelling to Mumbai

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Siddharth1

Registered Users (C)
Hello all,

My company A was purchased by company B in November 2004. My H1 stamp and I-797 is with Company A till November 2006.

On the advice of my lawyer, I applied for and received a new I-797 for Company B till March 2008.

I would like to travel to Mumbai in Jan 2006. I believe that I should be able to re-enter US using H1 stamp of company A and I-797 for company B.

I would just like to confirm that my understanding of the rules is correct and still applicable.

Thanks for any answers in advance.
 
Siddharth1 said:
Hello all,

My company A was purchased by company B in November 2004. My H1 stamp and I-797 is with Company A till November 2006.

On the advice of my lawyer, I applied for and received a new I-797 for Company B till March 2008.

I would like to travel to Mumbai in Jan 2006. I believe that I should be able to re-enter US using H1 stamp of company A and I-797 for company B.
----------------- YES you can enter BEFORE November 2006 AND at POE show your passport Visa stamp AND new H1 approval of B so that you can get I-94 till March 2008, check theI-94 date at POE and if any mistake point it to officer or ask for supervisor( keep new employer letter with you and show ONLY if asked)
I would just like to confirm that my understanding of the rules is correct and still applicable.
------------ you are correct
Thanks for any answers in advance.
Click to expand...
 
Hi ginnu,

Thanks for your reply.

A related question: I was expecting to get a I-797 valid till March 2007 because that is when my H1 6 years expires. Instead I got it for exactly 1 more year. Is this OK?
Should I still expect the I-94 to be until March 2008 (and not March 2007)?

Thanks again for your quick reply.
 
Siddharth1 said:
Hi ginnu,

Thanks for your reply.

A related question: I was expecting to get a I-797 valid till March 2007 because that is when my H1 6 years expires. Instead I got it for exactly 1 more year. Is this OK?
-----------h1 starts from the day you enter US. may be lawyer did mistake on form I-129 form or can be USCIS mistake
Should I still expect the I-94 to be until March 2008 (and not March 2007)?
-----------POE will give you I-94 till 2008 or new H1 approval notice date.
** once you come back talk to your lawyer why the H1 approval is till 2008, if it is USCIS mistake then get it corrected Or if you file 7th year H1 extension in future then file it BEFORE you hit 6 year(March 2007 ) because if USCIS disvover the mistake at that time they can deny 7th year H1. Talk to your lawyer when you come back
Thanks again for your quick reply.
Click to expand...
 
Hi ginnu

this is the reply i got from the lawyer

Thanks.

--------
Hi Siddarth,

We applied for an extension for the period of up to one year after your full six years in H-1B status. This is permitted by the regulations because you will have had a Labor Certification pending for more than one year by the time your six years runs out.
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Siddharth1 said:
Hi ginnu

this is the reply i got from the lawyer

Thanks.

--------
Hi Siddarth,

We applied for an extension for the period of up to one year after your full six years in H-1B status. This is permitted by the regulations because you will have had a Labor Certification pending for more than one year by the time your six years runs out.
--------
Click to expand...
I don’t think that your LC is pending more than 365 days. How the lawyer says that your LC will be pending more than 1 year it MAY be pending, it MAY be denied employer can revoke it. Does it mean that those who have not hit 1 years of LC pending can get 7th year H1 approved BEFORE the LC does not hit 365 days? I don’t agree with your lawyer, others may guide you or file 7th year H1 BEFORE March 2007so that no complications with extension. Seek other lawyers advise for second opinion
 
Hi ginnu,

how do you define: LC pending 1 yr?
My State Priority date for LC is Dec2002. So doesn't it mean that it has been pending 1 year? (now approaching 3 years)

I agree that if the labor gets rejected either by DOL or employer then this issue is moot. I have to leave by March 2007.

I will seek another opinion as u mentoin

Thanks for your assistance.
 
Siddharth1 said:
Hi ginnu,

how do you define: LC pending 1 yr?
----------LC filed with SWA and may be pending with SWA or DOL more than 365 days

My State Priority date for LC is Dec2002. So doesn't it mean that it has been pending 1 year? (now approaching 3 years)
-------------- did you post that in your earlier post?? why post halph details?? do you think others get dreams that your LC is pending since 2002? You are eligible for 7th year as LC is pending more than 365 days.

I agree that if the labor gets rejected either by DOL or employer then this issue is moot. I have to leave by March 2007.

I will seek another opinion as u mentoin

Thanks for your assistance.
Click to expand...
 
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