Need Advise on Visa Stamping

[satya.svits29]

Hello Experts,

Let me explain my situation first. I entered USA in April 2013 on H1B sponsored by company A.My family joined me in July of 2013 on H4 Visa. The i797, Visa Expiry Date are till Oct 1 st 2015. In August of 2014 i moved to company B and the I797 petition was approved till Aug 2017.I have planned a visit to india this august and i will be returning on 10th of september(20 days before the Visa Expiry Date). I have searched online and found that in more than one occasion the CBP officer referred the Visa Date rather than the Petition Date for issuing the I94. Please advise which of the following options is better for me

1)Getting my visa stamped in india so that i get the I94 according to the new visa date.
2)Avoid going to the Visa Interview and show the petition to the CBP officer .


Thanks
Satya

[raghvi]

Hello Experts,

Let me explain my situation first. I entered USA in April 2013 on H1B sponsored by company A.My family joined me in July of 2013 on H4 Visa. The i797, Visa Expiry Date are till Oct 1 st 2015. In August of 2014 i moved to company B and the I797 petition was approved till Aug 2017.I have planned a visit to india this august and i will be returning on 10th of september(20 days before the Visa Expiry Date). I have searched online and found that in more than one occasion the CBP officer referred the Visa Date rather than the Petition Date for issuing the I94. Please advise which of the following options is better for me

1)Getting my visa stamped in india so that i get the I94 according to the new visa date.
2)Avoid going to the Visa Interview and show the petition to the CBP officer .


Thanks
Satya

I would say option 1 but it depends upon the strength of your documentation. Whats the size of your employer? How many employees do they have on L1/H1? Do you work for the employer or an end client? if an end client how many layers are between you and the end client?

This is my opinion not legal advice.

[Kaps Hasija]

traveling on old stamp

Hi All,
may be my post is not related to this thread but looking for urgent guidance ..

Can i travel on old stamp with new petition or i need to go for stamping again . is it legal to travel on old active h1b Visa stamp.
My visa is still active.

TIA
kaps

[raghvi]

Hi All,
may be my post is not related to this thread but looking for urgent guidance ..

Can i travel on old stamp with new petition or i need to go for stamping again . is it legal to travel on old active h1b Visa stamp.
My visa is still active.

TIA
kaps

Yes you can but you will most probably get I94 only till visa end date not till new petition end date.

This is my opinion not legal advice.

[satya.svits29]

I would say option 1 but it depends upon the strength of your documentation. Whats the size of your employer? How many employees do they have on L1/H1? Do you work for the employer or an end client? if an end client how many layers are between you and the end client?

This is my opinion not legal advice.

Thank you for responding. My employer is a multi national company and has hundred's of H1's working on site. I work for the client (NY State Govt) and my employer is the prime vendor. so only one layer between me and my client. Also i can get a client letter from my client manager. Also could you please tell me if i can attend the visa interview before my old visa expires. i.e can i attend the interview in august or wait till my visa expires in October.

Thanks
Satya