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H1B Visa Stamping after Visa Transfer and Visit to India

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  • H1B Visa Stamping after Visa Transfer and Visit to India

    I have a stamped H1B visa which is valid until May 2016 with company A. My dependents are in India with a stamped visa.

    I recently moved to a new company B and transferred the visa to the new company who filed the extension along with the transfer which is valid until Aug 2018.

    I am planning to visit india in Jan 2016. Do i need to go for visa stamping along with my dependents even if i have a valid visa until May 2016?

  • #2
    Originally posted by sarat.manthena View Post
    I have a stamped H1B visa which is valid until May 2016 with company A. My dependents are in India with a stamped visa.

    I recently moved to a new company B and transferred the visa to the new company who filed the extension along with the transfer which is valid until Aug 2018.

    I am planning to visit india in Jan 2016. Do i need to go for visa stamping along with my dependents even if i have a valid visa until May 2016?
    Technically you need not. Upon return show your existing visa and latest I797. The biggest drawback of not going for a new visa is that upon your return the visa officer might grant you I-94 only till your existing visa, that is till May 2016, instead of till Aug 2018(as per your new I797) citing that your visa is expiring in May 2016. You can request him/her but they may or may not oblige. In case they do not give a I-94 matching your latest petition, before May 2016 you would have to file for an extension for self and family.

    This is my opinion not legal advice.

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