Returning back with valid older H1B visa stamped

[rphari85]

Hi,

I have a valid H1B visa stamped till Sep 2015 and I have moved to new employer and the transfer is in progress. I am planning to travel and in May and comback in Jun 15. Now my questions are,

1. If the new H1B petition is not approved till May, can i travel using the old H1B stamped?
2. If the new one is approved, can i return without stamping the new H1B and with the older H1B?
3. If I show the older H1B stamped and the new I797, would I get the new date on I94 or the old date ie) till sep 2015?
4. If I get the I94 only till sep 2015, can I extend it within USA and not going out?

Your help is appreciated.

Thanks,
Hari

[slakshmin108]

Similar situation

I am in a similar situation. I would like to know if I can travel to India and return back with the older H1B visa stamp while the new H1B extension is in progress? Or is it better to delay the H1B extension process until after I return back on the current H1B visa stamp?

Any help will be greatly appreciated.

Thanks
Lakshmi

[raghvi]

Hi,

I have a valid H1B visa stamped till Sep 2015 and I have moved to new employer and the transfer is in progress. I am planning to travel and in May and comback in Jun 15. Now my questions are,

1. If the new H1B petition is not approved till May, can i travel using the old H1B stamped?
2. If the new one is approved, can i return without stamping the new H1B and with the older H1B?
3. If I show the older H1B stamped and the new I797, would I get the new date on I94 or the old date ie) till sep 2015?
4. If I get the I94 only till sep 2015, can I extend it within USA and not going out?

Your help is appreciated.

Thanks,
Hari

1. Yes.
2. Yes you can on the old visa. but you need to have the approved petition in hand for the new employer. You may be asked to show the petition of the employer you would be working for upon entry to US at the POE.
3. Its very rare nowadays to get a I-94 beyond visa/passport expiry, irrespective of the petition dates. It may still be happening for L1s but for H1s they are issuing I-94 only till visa/passport expiry. If you want I-94 till new I797 date the only sure shot way is to go for a new visa stamping.
4. Yes possible.

This is my opinion not legal advice.