Urgent H1B issue. Please help!!!!!!!

N

nwa

Registered Users (C)
Hi,
I came to US with company A in Jan 2003. Then I joined company B in March 2003 and got my H1B transfered from company A to B which is valid till Mar. 2006. My passport has visa stamped of company A which is valid till Sep. 2005. I am planning to go to India in Nov. 2004.
Is it must to get my company B visa stamped in India?, OR can I enter USA without getting company B's visa stamped because company A's visa is valid till Sept. 2005 and I have I797 form of my current company B valid till Mar 2006??
What if company A has canceled my visa after I joined company B? Can I still enter USA by showing visa of company A and I797 of company B?
 
Hi Hathwar,
Your answer is 'yes' to which of the following questions:
Is it must to get my company B visa stamped in India?, OR can I enter USA without getting company B's visa stamped because company A's visa is valid till Sept. 2005 and I have I797 form of my current company B valid till Mar 2006??
What if company A has canceled my visa after I joined company B? Can I still enter USA by showing visa of company A and I797 of company B?
 
For all of them. You can happily travel till Sept 2005 with just the current notice of action. Also carry EVL and three recent paystubs when you travel( just for extra security at POE ).
 
As an added note, the company can only cancel the H1 petition, not the actual visa itself. Visas can be canceled only by immigration or consular officials. As long as you have a valid H1 visa (petitioning company does not matter) and a valid H1 approval you can travel on that visa.
 
Hatwar and NKM-OCT23,
Thanks for your reply.
Please specify what is EVL.
Once my visa gets expired on Sep 2005, what should I do. I can stay in USA without getting my current company's visa stamped since I have current company's I797 which is valid till Mar. 2006?
 
Last edited by a moderator:
nwa said:
Hatwar and NKM-OCT23,
Thanks for your reply.
Please specify what is EVL.
Once my visa gets expired on Sep 2005, what should I do. I can stay in USA without getting my current company's visa stamped since I have current company's I797 which is valid till Mar. 2006?
Click to expand...

After Sept 2005 you cannot travel out of and return to US without getting a new visa stamp in your passport. You can continue to work at your company until Mar 2006.
If you anticipate a need for travel between Sept 2005 and March 2006 you will have to either go back to your home country before Sept 2005 and apply for a new visa there, or go to Canada/Mexico and apply for a visa there at a US consulate.
 
Thanks to both for your reply.
nkm-Oct23, I got little confused with your reply. If I want to travel between Sep. 2005 and Mar 2006 to India, do I have to get the new visa stamped "BEFORE" my current visa gets expired(Sep. 2005) in India/Mexico/Canada?? What if I have a plan to travel to India after Sept. 2005 without new visa stamped but with valid I94 and I797, will I be able to do so??

Please reply.
 
Last edited by a moderator:
nwa said:
Thanks to both for your reply.
nkm-Oct23, I got little confused with your reply. If I want to travel between Sep. 2005 and Mar 2006 to India, do I have to get the new visa stamped "BEFORE" my current visa gets expired(Sep. 2005) in India/Mexico/Canada?? What if I have a plan to travel to India after Sept. 2005 without new visa stamped but with valid I94 and I797, will I be able to do so??

Please reply.
Click to expand...

You need a valid visa at the time you show up to board a US bound flight. Does not matter if you apply for it before or after your current visa expires.
You have no problem leaving US with an expired visa.
I hope it is clearer this time.
 
Hi nkm-oct23, nwa and hathwar,

I am in a similar situation as nwa and when I asked this same question, one of the forum members said that one needs to get a new visa stamped.

this is getting confusing.. my lawyer also does not have a sure answer, he suggested that I contact the consulate and inquire there.. which i did.. the phones are always busy.. never can get thru.. :(

AV
 
Some more info needed

From the reasearch I have done so far, I have learnt that its safe to travel on ld employer valid visa stamp on passport if you have the new employer approval notice (I797) and employment verification letter.

My question is do you need pay stubs from the new employer too?

In my situation I don't have pay stubs from the new employer because I am on bench. Will I need pay stubs if I travel to India. I do have a valid H1B stamp from previous empoyer that expires in Oct 2007 and I-797 from new employer and the verfication letter
 
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