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Trip to India in March'13 with H1B visa stamp expirng in Apr'13

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  • Trip to India in March'13 with H1B visa stamp expirng in Apr'13

    I'm working for Company B which is client of Company C. My H-1B is sponsored by Company C. I joined Company C in Dec'11 and my H-1B is valid till Nov'14.The H-1B visa stamp in my passport is of Company X that is valid till 4/19/2013. I had quit Company X on 04/24/11 and Joined Company Z on 04/25/11.Please note that I haven't been to India ever since I got my H-1B stamped from Company X in Mumbai Consulate on 12/3/2010.Now I need to make a trip to India for 1 month (i.e March'13). My question is-Since I have changed 2 companies since my last H1B Stamping, do I need to go to U.S Consulate for re-stamping since my H1B visa stamp is expiring on 04/19/2013? If not, will I be asked any question at port of entry when I re-enter U.S.A on 04/02/2013?OR just showing my new I-797 would suffice?

  • #2
    Originally posted by Rahul Sharma View Post
    I'm working for Company B which is client of Company C. My H-1B is sponsored by Company C. I joined Company C in Dec'11 and my H-1B is valid till Nov'14.The H-1B visa stamp in my passport is of Company X that is valid till 4/19/2013. I had quit Company X on 04/24/11 and Joined Company Z on 04/25/11.Please note that I haven't been to India ever since I got my H-1B stamped from Company X in Mumbai Consulate on 12/3/2010.Now I need to make a trip to India for 1 month (i.e March'13). My question is-Since I have changed 2 companies since my last H1B Stamping, do I need to go to U.S Consulate for re-stamping since my H1B visa stamp is expiring on 04/19/2013? If not, will I be asked any question at port of entry when I re-enter U.S.A on 04/02/2013?OR just showing my new I-797 would suffice?
    Whooaa, thats too many variables
    Bottom line : If the date on your stamp has not expired, you need to travel along with your current I797A petition along with other documents. No need for another interview. However, you may appear to be a fishy guy at the POE with such less days left on your stamp. Be prepared with all docs.
    This is my opinion. Not a legal advice

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    • #3
      You can use the same Visa with the latest approval notice (C's petition) as long as it has not expired on the day you travel to US. There is no need to again apply for a Visa. If the officer mistakenly gives you I-94 according to Visa expiry, you can politely request that it match your latest petition.
      This is my opinion and not legal advice.

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