New H1B visa stamp is required or not?

[udhayaplus]

Hello,

I was working for Company ABC in US and issued H1B visa from ABC which is valid till Apr/21/2015. In between, I moved to Company X in US and rejoined Company ABC in US.

The new I797 (H1B) from ABC is vaild till Apr/21/2016 and the Old 1797 (H1B) petition from Company ABC is in "Revocation Notice Was Sent" status. I dont have a Visa from Company X.

I am planning to go on vacation to India this Feb 2015 and will return to US in 3 weeks.

Questions:

1. Is it mandatory that I should get a new Visa based on my new approved petition from Company ABC, though my visa(based on previous 1797 from ABC) is valid till April 2015?

2. If I enter US with my old Visa, at POE which date they will consider (from my old visa or new petition) for I94? IF they consider date from old visa, what should I do?

3. What document should I carry If I travel on Old Visa?

4. If I have to get a new Visa then am I eligible to utilize drop-box facility?

Please advise.

Thanks,
Uday

[raghvi]

Hello,

I was working for Company ABC in US and issued H1B visa from ABC which is valid till Apr/21/2015. In between, I moved to Company X in US and rejoined Company ABC in US.

The new I797 (H1B) from ABC is vaild till Apr/21/2016 and the Old 1797 (H1B) petition from Company ABC is in "Revocation Notice Was Sent" status. I dont have a Visa from Company X.

I am planning to go on vacation to India this Feb 2015 and will return to US in 3 weeks.

Questions:

1. Is it mandatory that I should get a new Visa based on my new approved petition from Company ABC, though my visa(based on previous 1797 from ABC) is valid till April 2015?

2. If I enter US with my old Visa, at POE which date they will consider (from my old visa or new petition) for I94? IF they consider date from old visa, what should I do?

3. What document should I carry If I travel on Old Visa?

4. If I have to get a new Visa then am I eligible to utilize drop-box facility?

Please advise.

Thanks,
Uday

1. It is nor mandatory, but to avoid getting an I-94 only till your current visa expiry i.e. April 2015, it is advisable to go for stamping.
2. With the paper based I-94 no longer there, its rare that one gets an I-94 beyond passport expiry/visa expiry. You can request but I doubt they would oblige. To avoid this altogether, as suggested, go for stamping.
3. Carry your employment letters, petition, LCA.
4. I think you are but you may end up being called for interview due to your shift to X and back to ABC.

This is my opinion not legal advice.

[udhayaplus]

1. It is nor mandatory, but to avoid getting an I-94 only till your current visa expiry i.e. April 2015, it is advisable to go for stamping.
2. With the paper based I-94 no longer there, its rare that one gets an I-94 beyond passport expiry/visa expiry. You can request but I doubt they would oblige. To avoid this altogether, as suggested, go for stamping.
3. Carry your employment letters, petition, LCA.
4. I think you are but you may end up being called for interview due to your shift to X and back to ABC.

This is my opinion not legal advice.

Hi raghvi,

Thanks for your response.

If I get an I-94 with the expiry date of my old visa i.e., APR 2015, then should I apply for H1B Extension? What is the process?

Thanks,
Uuday

[raghvi]

Hi raghvi,

Thanks for your response.

If I get an I-94 with the expiry date of my old visa i.e., APR 2015, then should I apply for H1B Extension? What is the process?

Thanks,
Uuday

You would apply for I-94 extension using form I539 by also submitting the already extended I129, LCA, and approval notice I797.

This is my opinion not legal advice.

[udhayaplus]

Thanks a lot... Highly appreciated!

[nehabehl]

Restamping/Revalidation

Hi Me and my husband are scheduled for a visa interview for our extension. Our earlier visa expired in Oct 2014 and we have a valid I797 till Jul 2016.
Can anyone share their experience of interview questions asked for re stamping.
Also I have 11 month old baby who is a US citizen, Can I take him to the interview as I am not confident if our family would be able to handle him as he is meeting them for the first time and our interview is just 2 days after we land in India.

Any tips will be really helpful

Thanks In advance