Mixed Insurance Banners Health Insurance for Visitors to USA

Announcement

Collapse
No announcement yet.

can I travel on older valid H1B Visa, if new H1B visa stamping is rejected

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

  • can I travel on older valid H1B Visa, if new H1B visa stamping is rejected

    Hi Experts,

    I came to US on H1B Visa on Jan 2012 and that visa is valid till Dec 2013.
    At POE the I 94 got is valid till Dec 2013.

    In Dec 2012 I changed my employer and new employer B filed H1B petition.
    The petition got approved and I received I797 & I94 valid till Nov. 2015.

    Now I am planning to go to India for a vacation.
    And as I am going to India I wanted to get new approved petition stamped.

    Is there any chance that my visa will get rejected?
    In case it gets rejected, then can travel back to US in case it is still valid?

    Your help is appreciated for me to make decision whether to get new visa stamped.

  • #2
    Cronin Memo

    Please see Cronin Memo (June 19, 2001). I went and came back without stamping just by carrying latest i 797. If you have an option why not use it. Go to stamping next time (after Dec 2013), for now you can re enter without new stamp in visa.

    Originally posted by ruchikd View Post
    Hi Experts,

    I came to US on H1B Visa on Jan 2012 and that visa is valid till Dec 2013.
    At POE the I 94 got is valid till Dec 2013.

    In Dec 2012 I changed my employer and new employer B filed H1B petition.
    The petition got approved and I received I797 & I94 valid till Nov. 2015.

    Now I am planning to go to India for a vacation.
    And as I am going to India I wanted to get new approved petition stamped.

    Is there any chance that my visa will get rejected?
    In case it gets rejected, then can travel back to US in case it is still valid?

    Your help is appreciated for me to make decision whether to get new visa stamped.

    Comment


    • #3
      You can use the same Visa like above. No need to apply for a new Visa.

      But, if you do apply and that gets denied, it is highly likely that they will cancel your existing Visa also. So, you will not be able to do that. But if new Visa is denied but old Visa is not canceled, you can use that.
      This is my opinion and not legal advice.

      Comment


      • #4
        Originally posted by kabkaba View Post
        You can use the same Visa like above. No need to apply for a new Visa.

        But, if you do apply and that gets denied, it is highly likely that they will cancel your existing Visa also. So, you will not be able to do that. But if new Visa is denied but old Visa is not canceled, you can use that.

        My new visa got 221(g) white and its still in pending state , but my earlier stamping is still valid .. can i travel with that stamping and new petition ? ur help is highly appreciating ..

        Comment


        • #5
          Thats what you should have done in the first place rather than going for fresh stamping. I would say avoid traveling as technically the new petition is still being reviewed.

          This is my opinion not legal advice.

          Comment


          • #6
            H1B Transfered but can I enter US with the H1B from previuos employer?

            Hello Sir,

            I need your Expert Advice on this.

            1)I came to US in May 2013 with Employer A with a VISA H1B validity till 2016. (VISA stamped on my passport till 2016 with A)
            2)I changed my Employer to B in May 2016 (Employer B applied visa with letter from Client X and I got the VISA approval with a Employer B and Client X) PS: Never got it stamped as I was in US all this time.
            3)Project for Client X got Scrapped and my employer moved me to Client Y and applied for the transfer in regular processing which is expected to get approved by January 2015.
            4)I have an urgency to visit India next month and my Employer B attorney is saying that I can leave US and return without getting fresh stamping.
            He is suggesting that Petition from Employer B with client X and VISA sticker on Passport from Employer A would be OK while entering US back.

            Kindly guide me with your expertise.

            Best Regards,
            Mohit

            Comment


            • #7
              Originally posted by Mohit_M View Post
              Hello Sir,

              I need your Expert Advice on this.

              1)I came to US in May 2013 with Employer A with a VISA H1B validity till 2016. (VISA stamped on my passport till 2016 with A)
              2)I changed my Employer to B in May 2016 (Employer B applied visa with letter from Client X and I got the VISA approval with a Employer B and Client X) PS: Never got it stamped as I was in US all this time.
              3)Project for Client X got Scrapped and my employer moved me to Client Y and applied for the transfer in regular processing which is expected to get approved by January 2015.
              4)I have an urgency to visit India next month and my Employer B attorney is saying that I can leave US and return without getting fresh stamping.
              He is suggesting that Petition from Employer B with client X and VISA sticker on Passport from Employer A would be OK while entering US back.

              Kindly guide me with your expertise.

              Best Regards,
              Mohit
              Why are you hijacking multiple threads and posting same question in all?

              Comment


              • #8
                document from me or my petitioner

                Originally posted by raghvi View Post
                Thats what you should have done in the first place rather than going for fresh stamping. I would say avoid traveling as technically the new petition is still being reviewed.

                This is my opinion not legal advice.
                thanks raghvi ..

                i have one more question please help -

                consulate have asked to email all the documents filed with USCIS from my petitioner ..

                so my question should i need to email these documents or my petitioner (from official mail id - [email protected].com) ??

                Comment


                • #9
                  Answered in the other thread. Please keep only one thread.

                  Comment

                  {{modal[0].title}}

                  X

                  {{modal[0].content}}

                  {{promo.content}}

                  Working...
                  X