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H1B VISA Re-stamping Needed?

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  • H1B VISA Re-stamping Needed?

    Hi All,

    I am having my VISA stamped till DEC,2016 from Employer A, and I changed employer here to Employer B.

    Now I-797 of employer is valid till Dec, 2017.

    Situation is, I am traveling to India with my dependents in Feb,2016 and returning back in March,2016.

    So do we need to go for re-stamping with my new employer petition?

    Kindly suggest with an appropriate background as i am not able to get this answer clearly so far.

    Appreciates all you response.

    Thanks!

  • #2
    Technically, not required. You can use the existing valid visa along with your latest approval notice to re-enter. However, keep in mind the I-94 can be issued only till the visa expiry date (Dec 2016 instead of Dec 2017). In which case, your employer will need to file the H1B and H4 extensions before your I-94 expiry date even though your petition is valid for one ore year or alternatively, you all need to leave the country before the last issued I-94 expiry date, get the visa stamped and return back.
    Not a legal advice. Use of this information is strictly at your own risk.

    Comment


    • #3
      Originally posted by shervin143 View Post
      Technically, not required. You can use the existing valid visa along with your latest approval notice to re-enter. However, keep in mind the I-94 can be issued only till the visa expiry date (Dec 2016 instead of Dec 2017). In which case, your employer will need to file the H1B and H4 extensions before your I-94 expiry date even though your petition is valid for one ore year or alternatively, you all need to leave the country before the last issued I-94 expiry date, get the visa stamped and return back.
      Thanks for reply!

      But what I know I-94 validity we got with our I-797 only, and how it depends on entry and exit now?

      Comment


      • #4
        The I-94 that came with your H1B approval should be cut and stapled to your passport (Read the instruction clearly that will be printed on the approval notice above the I-94). When you exit U.S, they will remove all your I-94s from your passport. When you re-enter US, they will issue you a new I-94 at the POE. The most recent I-94 will be the one that will be effective. Search and read about the last action rule.

        Originally posted by iamh1 View Post
        Thanks for reply!

        But what I know I-94 validity we got with our I-797 only, and how it depends on entry and exit now?
        Not a legal advice. Use of this information is strictly at your own risk.

        Comment

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