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Received I797B without I94 and I have unexpired visa. Do I need to go for stamping?

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  • Received I797B without I94 and I have unexpired visa. Do I need to go for stamping?

    I Came to US on H1B with Employer1 in Dec 2012.
    On Jan 14 2014, I resigned Employer1 with the receipt of H1B transfer with Employer2. After started working for Employer2, on Mar 26th 2014, the H1B transfer was denied due to bad paper work.
    Immediately I found a new job and applied a H1B petition with Employer3 on April 9th. And I got RFE on April 18th. I left US on April 19th. After submission of RFE response, my H1 is approved and I got I797B wihtout I94.
    In my passport, I have stamping with my Employer1 valid till Sep 2015.
    Now I am in India. Do I need to go for stamping? Or Can I return to US with old visa and new approved I797B doc?

  • #2
    Originally posted by praveeng View Post
    I Came to US on H1B with Employer1 in Dec 2012.
    On Jan 14 2014, I resigned Employer1 with the receipt of H1B transfer with Employer2. After started working for Employer2, on Mar 26th 2014, the H1B transfer was denied due to bad paper work.
    Immediately I found a new job and applied a H1B petition with Employer3 on April 9th. And I got RFE on April 18th. I left US on April 19th. After submission of RFE response, my H1 is approved and I got I797B wihtout I94.
    In my passport, I have stamping with my Employer1 valid till Sep 2015.
    Now I am in India. Do I need to go for stamping? Or Can I return to US with old visa and new approved I797B doc?
    You need to go for fresh stamping as the current approved petition is approved as consular process.

    This is my opinion not legal advice.

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    • #3
      My attorney is asking me to return to USA with old visa and new I797B(Without I94) approval.

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