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Query regarding H1B visa stamping needed even when the current stamp is valid ?

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  • Query regarding H1B visa stamping needed even when the current stamp is valid ?

    I wanted to seek your opinion, help and guidance on the scenario which I am facing with my H1B visa and any help is highly appreciated.

    So, here is how my situation stands :-

    My current visa stamp is valid till July 2016
    The current I-94 is also valid till July 2016

    Secondly, this visa petition was for Location A and after landing to US my work location changed to Location B for which I did the Visa Amendment and during the amendment process, I got a petition approved which was valid only till May 2015

    Thirdly, because my petition was expiring, I went for Visa Extension process to get an extension of my visa and already got an approved petition till 2018

    So as you would have noted I have a bunch of dates

    I need your guidance to understand whether I would be needing to get a new visa stamping when I travel to India or will my current visa stamp hold good to travel back to US ?

    Note : My passport expires early 2017, so if I don't need to go for stamping this time around.. I would rather wait and get my passport renewed next year before I go for the stamping.

  • #2
    No, you don't need to apply for Visa, you can use the same existing Visa and latest approved petition to travel.
    This is my opinion and not legal advice.

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    • #3
      Thanks for the response appreciate it

      Comment


      • #4
        I-94 validity - will it override the petition validity ?

        Originally posted by kabkaba View Post
        No, you don't need to apply for Visa, you can use the same existing Visa and latest approved petition to travel.
        A follow-up question, when I do travel to India and enter back US, what will be the ending date for the I-94 that is issued to me at the port of entry :-

        1. Will that be valid till 2018 since I have the latest approved petition till 2018 ? , or

        2. Will the I-94 issued, have a valid date till July 2016 (my current visa stamp valid date) ?
        Also, in the case (2) , will I need to file another extension or plan to travel to India before the expiry of my current visa stamp, as the I-94 issued at port of entry would over-ride my extension petition I-94

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        • #5
          You will have to show them the petition and make sure it matches the petition and not Visa. Ask them about it and confirm.
          This is my opinion and not legal advice.

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