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  • H1b travel

    My work authorization is valid till December 2013 and my visa till 27 Feb 2013. I have to go home early February and come back by 21st Feb 2013. There should be no reason for a visa stamping requirement as long as I am carrying my I797, valid passport, visa , continued employment letter , intial offer letter and current pay stubs, I hope. Any observations? I would rather go for visa stamping later, once I get my visa renewed in August ( six months from date of expiry of I797, and current I 94).

  • #2
    That's fine. When you return make sure your I-94 matches the petition and not hte Visa.
    This is my opinion and not legal advice.

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    • #3
      Originally posted by kabkaba View Post
      That's fine. When you return make sure your I-94 matches the petition and not hte Visa.
      Thanks. This would be the first time am using my multiple entry visa to travel out of USA. So my next question might sound naive. Aint I supposed to submit current i94 when going out, and issued a new one on return? Isn't the i94 solely dependent on the immigration officer at the window? I hope he would issue the fresh i94 based on the work permit, but can i question him , if otherwise? Is that what you asked me to check , while getting my passport back?

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      • #4
        Yes, you should submit the current I-94 to the airline when you leave. On returning you will get a new I-94. The CBP Inspection officer is not required to give you I-94 as per petition, but they normally do. In most cases if I-94 is given according to Visa, it may only be because of their oversight and you can politely request for the correct date.
        This is my opinion and not legal advice.

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        • #5
          Originally posted by kabkaba View Post
          Yes, you should submit the current I-94 to the airline when you leave. On returning you will get a new I-94. The CBP Inspection officer is not required to give you I-94 as per petition, but they normally do. In most cases if I-94 is given according to Visa, it may only be because of their oversight and you can politely request for the correct date.
          Thank you. Will remain alert to check that out.

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