Travelling with old H1 VISA, new H1 transfer approval notice

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khi_boy

Registered Users (C)
I am planning for International travel next month. My original H1B VISA with old company (i left that company) in passport is valid till September 2003 where as my H1B approval with NEW company (where I am working currently working) is valid till May 2004. I just wanted to confirm that the INS rule to show new H1B approval along with valid H1 visa sticker on passport from old employer at Port Of Entry is still valid.

I did travel before using new H1B approval and old valid H1B VISA from San Francisco without any problem.
I just wanted to confirm that this rule is still valid. I am planning for VISA Revalidation from St. Louis after coming
back in July 2003

Appreciate your advise and help
 
Originally posted by khi_boy
I am planning for International travel next month. My original H1B VISA with old company (i left that company) in passport is valid till September 2003 where as my H1B approval with NEW company (where I am working currently working) is valid till May 2004. I just wanted to confirm that the INS rule to show new H1B approval along with valid H1 visa sticker on passport from old employer at Port Of Entry is still valid.

I did travel before using new H1B approval and old valid H1B VISA from San Francisco without any problem.
I just wanted to confirm that this rule is still valid. I am planning for VISA Revalidation from St. Louis after coming
back in July 2003

Appreciate your advise and help
Click to expand...

No changes to this rule, your previous visa is valid for entry until it expires.
 
There were some posting on this boads where now immigration officer at port of enrty wanted the new stamp and had deported the person back to Paris because she flew in on a connection flight even though she was from south east asia.
 
I just returned (on 6/5) from overseas trip with my old H1B expiring on 6/14 and a new H1B approval sent to me (by my attorney) while I was overseas on a short trip. The visas are from the same employer.

The Port of Entry was JFK, NY and after looking at the unexpired H1 on my passport the officer at POE asked me for the new approval if any and that's it. No more questions. I did not carry my previosuly expired AP (renewal of AP approved the same day I arrived).

I am not sure what would have been the situation if my H1B on my passport had expired.

NVI
 
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There are no rules at POE, you can not argue with officer at POE.

Your H1 is tied to your employer and since you are not working for the same employer so you should have valid VISA ticket on your passport from current employer otherwise officer at POE may send you back to your country.

It is well known that approval notice is not a VISA, you have to have a VISA ticket on your passport.

I am not in favor of doing this.

In case of nvi, he is with the same employer so his case is clean.
 
Re: for Vipsha

Vipsha,

This looks like your personal opinion? . I know that officer at POE has all rights to deny entry . What i am asking here is about the law . Previously one can travel with VALID H1B VISA and recent H1 approval notice. I-94 is granted based on new H1B. I have travelled 3 times like that till now . Twice from New York and once from SFO. But my last travel was around an year back.
 
the bad thing about this is that at the POE you have no rights.
if the officer doesnt understand this rule properly, hard luck - to you that is.

ur worst case scenario is not bad anyway (one extra round trip). Chances are that there will be no problem.
 
Approval notice may not be sufficient

I believe a Visa stamp (and not approval notice) is the valid travel document that is generally used by immigration authorities to administer port entries. It is solely at the discretion of the officer to let someone in with an approval notice alone. Most likely one could be denied entry if they have an expired visa on the passport. Most people get the stamp either here in the US or get it in the parent country before they travel. Visa stamp, a green card, advance parol, or reentry permits are the only valid travel documents for port of entry for someone who is not already a citizen of USA. You can try anything, but the risk is all yours.
 
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