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Transferred my H1B to a new employer. Questions-Family on H4 wants to travel to India

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  • Transferred my H1B to a new employer. Questions-Family on H4 wants to travel to India

    Hi,

    I am having H1B visa stamp that is valid till Nov'13. Last year I changed my employer & transferred my visa. Since then neither me nor did my family travel out of US.

    My family (on H4) wants to travel to India for a month & come back to US. Do they need to have restamping done since all our visas (H1 & H4) stamps have still the old petitioner name & wac#.

    FYI- I already have new petition/I797 from my new employer valid till Jan'14.

    All your help would be truly appreciated.

    Thanks.
    Last edited by Shinika1306; 04-14-2013, 10:00 AM.

  • #2
    They can use the same Visas along with the new H1 petition approval notice as long as their return date is before Visa expiry. The I-94 that they receive will match the petition expiry date.
    This is my opinion and not legal advice.

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    • #3
      Originally posted by kabkaba View Post
      They can use the same Visas along with the new H1 petition approval notice as long as their return date is before Visa expiry. The I-94 that they receive will match the petition expiry date.
      Thank you so much @kabkaba! Yes their return date is before the visa expiration date.

      I have couple of questions on top of that...

      While leaving US, they will be required to surrender the bottom portion of I797 i.e. I94 portion, right?

      How about if I plan to travel after few days? Do you have any idea on this?

      Thanks!
      Last edited by Shinika1306; 04-14-2013, 09:11 PM.

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      • #4
        The same goes for you.

        They need to submit their I-94's (all) to the airline when they leave. But it is okay to submit only one in their passport if the number is the same as the one on approval notice.
        This is my opinion and not legal advice.

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        • #5
          Originally posted by kabkaba View Post
          The same goes for you.

          They need to submit their I-94's (all) to the airline when they leave. But it is okay to submit only one in their passport if the number is the same as the one on approval notice.
          @kabkaba Thanks a ton again!

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