Urgent..Family member ill..Need to visit India

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krishna789

Registered Users (C)
Please help with my situation.

I was working with company A till august 2002.H1B of company A was valid till jan 17,2004(6 year limit) and i have visa stamp also till jan 17th 2004 (6 year limit) of company A.

I was laid off by A and joined a company B in September 2002 after filing for H1B Transfer.I got the transfer and new H1B of company B valid till jan 17,2004 with valid I-94 till jan 17,2004..I have been working with this company B even today..I never sent it for stamping(to reflect the new company name) because i didn't travel...So,even today i have company A visa stamp in my passport till jan17,2004

The passport that has the visa stamp expired march,2003..The visas are still valid in that .I got new passport from indian consulate in NY with expiry date upto 2013.

Last week, i got the 7 th year extension valid upto jan17,2005 through company B with a valid I-94..

I thought of sending it to st.louis this week..But, now i have to leave to india for an emergency.

My question is with a valid visa of company A(jan17,2004) in my expired passport and with the new 7th year H1B approval,can i leave to india and come back before jan 10th..(visa expires on jan17,2004)..Is coming one week before the visa expiry date is ok?I can also show the officer my 7 th year i-94 and tell him that i will get the stamping done as soon as possible.

1.Can i enter 7 days before (jan10th,2004)the visa expiry date(jan17,2004)?

2.I have the visa stamp of company A in my expired passport..is this ok?

3.I do have the new passport and new 7th year H1B of company B which i will send to st.louis after coming back.

I would appreciate your thoughts.

Thanks
kk
 
You are fine as long as you enter before the visa stamp expiration date. Carry both the passports, and the new H1B extension approval. Doesnt matter what company name is on the visa stamp, and doesnt matter if the visa is on the expired passport.
 
Raj-

Thank you so much.

Is there any limit or so on number of days before the visa expiry date that i have to enter USA..like 2,3 or 4 days.

Has anyone you know came 2-3 days before the visa was expiring in the passport?

Thanks
kk
 
you can even come one day prior to the expiry date but always take precaution to reach in time .

Some scenerios
(1) flight delays
2) just after sep 11, all flights to usa were cancelled for a week.

Meow
 
Meow-

Thanks for the reply.

Will the immigration officer ask any questions about the visa expiration in the next few days?


KK
 
Krishna,

REMEMBER, at the port of entry do not forget to show your extended h1b , so that you will get i94 valid till jan 2005.
After you get the i94 from the officer, check the date whether it shows jan 2005...
(This is a must, otherwise you will be out of status after the expiry of i94).

If they ask about expiry date of visa, you can always say that , you will be sending them to st louis for revalidation once you reach usa.

so do not worry about it .. you are all safe.

Meow
 
I was working with company A till august 2002.H1B of company A was valid till jan 17,2004(6 year limit) and i have visa stamp also till Jan 17th 2004 (6 year limit) of company A.

I was laid off by A and joined a company B in September 2002 after filing for H1B Transfer. I got the transfer and new H1B of company B valid till jan 17,2004 with valid I-94 till jan 17,2004..I have been working with this company B even today. I never sent it for stamping(to reflect the new company name) because i didn't travel...So,even today i have company A visa stamp in my passport till jan17,2004

The passport that has the visa stamp expired march,2003..The visas are still valid in that .I got new passport from Indian consulate in NY with expiry date upto 2013.
------------Keep both the passport stapled
Last week, i got the 7 th year extension valid upto jan17,2005 through company B with a valid I-94..

I thought of sending it to st.louis this week..But, now i have to leave to india for an emergency.

My question is with a valid visa of company A(jan17,2004) in my expired passport and with the new 7th year H1B approval,can i leave to india and come back before jan 10th..(visa expires on jan17,2004)..
---- yes you can come back with the valid Visa stamp of company A name AND show your 7th year H1 extension approval to POE inspector you will get I-94 up to jan 17,2005. Check your I-94 before you lave the POE because many offices give wrong I-94 if the officer gives I-94 till Jan 17,2004 ask for the supervisor. Show your both the passport stapled AND NEW H1 extension approval. Don’t forget to surrender your I-94 that is in Passport and the new I-94 that came with H1 extension. You have to surrender both the I-94 ask the airline counter to give you pin or staple and staple both the I-94 and give it to them before departure (keep the copy of each I-94 front and back for your future records in your immigration file at home)
Is coming one week before the visa expiry date is ok?I
-----That is OK
can also show the officer my 7 th year i-94 and tell him that i will get the stamping done as soon as possible.
---- Show both the passports, Visa stamp AND new H1 approval notice at POE
1.Can i enter 7 days before (jan10th,2004)the visa expiry date(jan17,2004)?
----YES
2.I have the visa stamp of company A in my expired passport. is this Ok
---- That is OK, better take letter from your new employer that state your job title, salary and skills, show the letter only if asked.
3.I do have the new passport and new 7th year H1B of company B which i will send to st.louis after coming back.
----- You will send both the passport, now they both possports are married and always keep your both Passports stapled. When you send for revalidation write in the cover letter that H1 visa stamp is in expired passport and you got new passport because old passport expired

Good Luck!!
 
Ginu and Meow-

Thanks you so much for your thoughts.

It meant a lot to me.

As Ginu mentioned, I will surrender the exisiting i-94(valid until jan17,2004) in the passport and the new I-94 of the 7th year extension I-797 when i leave here.

While coming back, I will show both the passports and the new
I-797 and ensure that the officer gives me a new I-94 valid until jan 17,2005.

My only conern was that i have the visa stamp of my former employer in the expired passport..But, as you guys said, it's ok with all that..

Is there anything else that i have to do..Please let me know.

Krishna
 
My only conern was that i have the visa stamp of my former employer in the expired passport..But, as you guys said, it's ok with all that..
------------- now problem having Visa stamp with past company name, just show the Visa and new H1 at POE, Relax!!!
 
ginu-

Thanks for the reply.

One more quick question..

You wrote

Don’t forget to surrender your I-94 that is in Passport and the new I-94 that came with H1 extension. You have to surrender both the I-94 ask the airline counter to give you pin or staple and staple both the I-94 and give it to them before departure (keep the copy of each I-94 front and back for your future records in your immigration file at home)

I-94 that is in my old passport is the one i got when i entered in March 2001.It is attached to the old passport.

1.Why do i have to give the I-94(that is on the right hand side of 7 th year i-797 notice now?If i give now,will the POE officer ask me where is that right hand side I-94 on I-797?

2.Isn't it just enough to give the I-94 that is in my old passport which i got when i arrived last in 2001?

3.If i have to give both,shall i staple them together at home and pin both to my new passport or old passport?

Sorry for many questions.

Krishna
 
You have to give all the i94s when you are leaving.
(the one in the h1b notice is your latest i94)

It doesn't matter , if you staple to new or old passport.

Meow
 
I-94 that is in my old passport is the one i got when i entered in March 2001.It is attached to the old passport.
------ Take that out at airline counter and staple both old and new I-94 and give it to airline counter
1.Why do I have to give the I-94(that is on the right hand side of 7 th year i-797 notice now? If i give now, will the POE officer ask me where is that right hand side I-94 on I-797?
----- You have to give that I-94, POE officer is not fool, he knows that one NEEDS to submit ALL, ALL, ALL, I-94 before departure from US (only exception is you don’t need to submit I-94 if your visit to Mexico or Canada is less than 30 days) now don’t ask me what to be done for Canada or Mexico
2.Isn't it just enough to give the I-94 that is in my old passport which i got when i arrived last in 2001?
----------Submit ALL, ALL, ALL, I-94 before departure
3.If i have to give both,shall i staple them together at home and pin both to my new passport or old passport?
------- You can staple at home or in bathroom or on the road in the car or under tree, staple them in new passport don’t fall in love with I-94 you have again to take out at airline counter and have to surrender before departure. Do you have dictionary at home? Read the description of "Paranoia'
 
Ginu/Meow

Thanks for answering all the questions including the dumb ones.

I really appreciate it.

Regards
Krishna
 
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