Can I travel on Old H1B Visa after H1B Extension has been approved?

[slakshmin108]

Hi,

I am currently in the U.S on H1B Visa. I am planning to visit India this summer. When I return from India, I will be having 6 weeks of H1B Visa validity.
However I will be applying for H1B (I-797) Extension and get it approved before I travel to India. In this scenario, am I allowed to enter U.S with my current H1B Visa stamp when the new H1B extension has been already approved? Or should I necessarily go for H1B Visa stamping with the new H1B extension?

Thanks in advance.

[slakshmin108]

Can someone provide guidance on this?

Thanks in advance!
Lakshmi

[spaudel1]

I had similar situation and the answer is Yes. Make sure you have employment letter and correct I-797. You do no need new visa stamping.

[This is not a legal advice]

Make sure you have the e

Hi,

I am currently in the U.S on H1B Visa. I am planning to visit India this summer. When I return from India, I will be having 6 weeks of H1B Visa validity.
However I will be applying for H1B (I-797) Extension and get it approved before I travel to India. In this scenario, am I allowed to enter U.S with my current H1B Visa stamp when the new H1B extension has been already approved? Or should I necessarily go for H1B Visa stamping with the new H1B extension?

Thanks in advance.

[slakshmin108]

Hi,

Thanks very much for your reply. At POE, would they give the I-94 validity based on current H1B Visa or based on the new H1B Extension?
If they give I-94 validity based on my current H1B Visa, do I need to do anything to extend my legal presence beyond the I-94 expiry date?

Thanks in advance

[raghvi]

Hi,

Thanks very much for your reply. At POE, would they give the I-94 validity based on current H1B Visa or based on the new H1B Extension?
If they give I-94 validity based on my current H1B Visa, do I need to do anything to extend my legal presence beyond the I-94 expiry date?

Thanks in advance

You would most likely get I-94 only till Visa expiry date and subsequently would need to apply for extension using form I539.

This is my opinion not legal advice.

[[email protected]]

I'm facing similar situation. My H1B extension is approved and my old visa expires on Sep 30th 2015. I'm having travel plans to India for 2 weeks in Aug and will return before my old visa expires. In this case should I go for extension stamping? Please share your experience on how you planned if you had already traveled and returned back to US.

Thanks,
Janardhanan

[[email protected]]

Appreciate if someone can respond to this

[shervin143]

You can return back as long as your H1B visa in the passport is valid. Show your latest approval notice at the POE.

I'm facing similar situation. My H1B extension is approved and my old visa expires on Sep 30th 2015. I'm having travel plans to India for 2 weeks in Aug and will return before my old visa expires. In this case should I go for extension stamping? Please share your experience on how you planned if you had already traveled and returned back to US.

Thanks,
Janardhanan

[Srav V]

I have similar situation where I'm leaving to India on March-31st and will be back by April15th and have my visa stamping validity till May 22nd.

I will be getting my 3years extension before I leave to India.

Please let me know if I have to go for stamping again as I'm coming back before my stamping validity expires..

Thanks a lot for all the replies.

[prasadbabu]

I am also in similar situation ,I have a valid H1B Visa until SEP-2017 and I have changed my employer got the new I-797 until April 2019.

I am traveling to Indian June-2017 and will be back by July 2017.

Can I necessarily go for H1B Visa stamping?

Please share your thought and thanks in-advance .

Thanks,
PR

[prasadbabu]

Appreciate if someone can respond to my request.

[QUOTE=prasadbabu;484168]I am also in similar situation ,I have a valid H1B Visa until SEP-2017 and I have changed my employer got the new I-797 until April 2019.

I am traveling to Indian June-2017 and will be back by July 2017.

Can I necessarily go for H1B Visa stamping?

Please share your thought and thanks in-advance .

Thanks,
PR