I 797 Expiring (h1b) and i 94 is valid

[iamh1]

Hi All,

My current i 797 is expiring November,2015 and i-94 valid till october, 2016. Based on this I have following queries :

i) I need to travel India in Dec,2015 with my family, so does it require to have new petition (extended one ) to enter back in US?
ii) If i stayed here only, then can my family travel and can come back on that i-94?
iii) Also my VISA is expiring On october,2016, so does it require to have re-stamping again(since my employer has changed)

Thanks in advance for all your responses!

[shervin143]

How is that your petition is expiring in Nov 2015, but your visa and I-94 are issued until Oct 2016? Usually visa and I-94 are issued based on the petition expiry date. something doesn't seem right.

i) I need to travel India in Dec,2015 with my family, so does it require to have new petition (extended one ) to enter back in US?
>>> Yes. You will need an extended petition and a valid visa to re-enter.

ii) If i stayed here only, then can my family travel and can come back on that i-94?
>>> Nope. Your family will need your valid Petition (not your I-94) and they will need a valid dependent visa for them to travel back.

iii) Also my VISA is expiring On october,2016, so does it require to have re-stamping again(since my employer has changed)
>>> Not required.

[iamh1]

How is that your petition is expiring in Nov 2015, but your visa and I-94 are issued until Oct 2016? Usually visa and I-94 are issued based on the petition expiry date. something doesn't seem right.

i) I need to travel India in Dec,2015 with my family, so does it require to have new petition (extended one ) to enter back in US?
>>> Yes. You will need an extended petition and a valid visa to re-enter.

ii) If i stayed here only, then can my family travel and can come back on that i-94?
>>> Nope. Your family will need your valid Petition (not your I-94) and they will need a valid dependent visa for them to travel back.

iii) Also my VISA is expiring On october,2016, so does it require to have re-stamping again(since my employer has changed)
>>> Not required.

Thanks for reply!

I changed employer here and stamped visa has validity till year 2016. Also my I 94 based on that port of entry.
Then I did H1 transfer to new employer and so I got new petition from them with this year only.

[shervin143]

If your H1B was transferred to a new employer, then the transferred petition (I-797 approval notice) would have come with a new I-94 attached. That should be the active I-94 and not the one you received at the POE. Search and read about the last action rule. If that I-94 expires in November, then you need to file an extension soon.

Thanks for reply!

I changed employer here and stamped visa has validity till year 2016. Also my I 94 based on that port of entry.
Then I did H1 transfer to new employer and so I got new petition from them with this year only.