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***URGENT H1B Required for POE*** on H1B travel before October 1st 2014

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  • ***URGENT H1B Required for POE*** on H1B travel before October 1st 2014

    Hi, My name is Abhi. I am Married. I am currently in India for my H1B Extension stamping and H4 extension for my wife.
    My Current visa is still valid and will expire on Sep 30th, 2014.
    I am planning to return to US on Sep 21st, 2014 (Before Current H1B) expires.

    Questions:

    1. I have successfully completed H1B Stamping today at New Delhi Consulate and both of ours visas are approved.
    Question: What happens to my existing Visa and Petition which is valid till 30-Sep-2014

    2. Will I be able to enter back in US on Sep 21st or do I have to wait till new petition validity starts ? (10/01/2014).
    Question: If yes, on what visa I'll be entering and what petition should I show at Point of Entry at JFK, NY
    Doubt: I believe 2014 H1 holders can not travel US before Oct-1st - Is this also applicable for me ? This question came in mind because, current Visa will be marked as "CWOP" - and new Visa will be issued - but corresponding petition will be valid only from oct-1st.

    3. I was told, there can be a case where old visa will be "Cancelled" but new Visa will have both Petition numbers, is it possible ?

    4. What happens to my Wife existing or new H4 ?

  • #2
    Originally posted by ashutosh.ahuja11 View Post
    Hi, My name is Abhi. I am Married. I am currently in India for my H1B Extension stamping and H4 extension for my wife.
    My Current visa is still valid and will expire on Sep 30th, 2014.
    I am planning to return to US on Sep 21st, 2014 (Before Current H1B) expires.

    Questions:

    1. I have successfully completed H1B Stamping today at New Delhi Consulate and both of ours visas are approved.
    Question: What happens to my existing Visa and Petition which is valid till 30-Sep-2014

    2. Will I be able to enter back in US on Sep 21st or do I have to wait till new petition validity starts ? (10/01/2014).
    Question: If yes, on what visa I'll be entering and what petition should I show at Point of Entry at JFK, NY
    Doubt: I believe 2014 H1 holders can not travel US before Oct-1st - Is this also applicable for me ? This question came in mind because, current Visa will be marked as "CWOP" - and new Visa will be issued - but corresponding petition will be valid only from oct-1st.

    3. I was told, there can be a case where old visa will be "Cancelled" but new Visa will have both Petition numbers, is it possible ?

    4. What happens to my Wife existing or new H4 ?
    1. Most likely your old H1 would be marked CWOP. What is the petition start date and end date for the one which you attended the interview with?
    2. Though one can enter upto 10 Days before petition start date, but one can work only from the petition start date not before. You should show the latest petition at the POE.
    3. New visa will have new petition number.
    4. Didnt she attend H4 visa interview with you? If yes, she should get new H4 matching your new H1. If not then advisable she also attend H4 visa interview to get a new H4 cisa.

    This is my opinion not legal advice.

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