difference between H1 visa stamp and H1 petition

[ckshah]

HI all

i have confusion is their any difference if my employer revoke my petition but i have still valid H1 stamp on my passport.

so i am able to use that stamp to enter in USA.

guide me

Thanks in advance

[shervin143]

You cannot enter U.S without a valid H1B approval notice. If your employer revokes their H1B petition, then you cannot use their petition to enter U.S. You will be deported. The visa in the passport will remain valid, but it is no use without a valid H1B approval notice.

[ckshah]

I have valid H1B stamp from Employer A but Employer A revoked petition. i also have Employer B - H1 I 797 approval.

so will its work?

[raghvi]

I have valid H1B stamp from Employer A but Employer A revoked petition. i also have Employer B - H1 I 797 approval.

so will its work?

Yes it would be allowed, but you will get I-94 only till Passport Expiry/visa expiry date, whichever is earlier.

This is my opinion not legal advice.

[shervin143]

When does your H1B visa expire and when does you new H1B approval notice from employer B expire?

I have valid H1B stamp from Employer A but Employer A revoked petition. i also have Employer B - H1 I 797 approval.

so will its work?

[ckshah]

When does your H1B visa expire and when does you new H1B approval notice from employer B expire?

HI

My H1 visa stamp from my employer A (old) valid till sep 9 2016 and I have new I797 from Employer B expire on May 2017.

[shervin143]

Well, in that case if you use your old employer's valid visa, then you will get an I-94 only till Sept 9th 2016 instead of May 2017. If that is okay, you can use the old visa to re-enter U.S. Keep in mind you will have to file another extension before your I-94 (issued at the POE) expires even though your petition will be valid beyond that time. Or alternatively, you will plan to leave, get the visa stamped based on the latest approval notice and return back after Sept 9th.

HI

My H1 visa stamp from my employer A (old) valid till sep 9 2016 and I have new I797 from Employer B expire on May 2017.

[ckshah]

Well, in that case if you use your old employer's valid visa, then you will get an I-94 only till Sept 9th 2016 instead of May 2017. If that is okay, you can use the old visa to re-enter U.S. Keep in mind you will have to file another extension before your I-94 (issued at the POE) expires even though your petition will be valid beyond that time. Or alternatively, you will plan to leave, get the visa stamped based on the latest approval notice and return back after Sept 9th.

question

1. if i get i94 till sep 2016 then what will be problem in future if i not file i94 extension?
2. i think in my new i797 if i see at bottom their is already I 94 number and extension mentioned whats use of that then?

guide me if any idea

[raghvi]

question

1. if i get i94 till sep 2016 then what will be problem in future if i not file i94 extension?
2. i think in my new i797 if i see at bottom their is already I 94 number and extension mentioned whats use of that then?

guide me if any idea

1. You cannot stay in US without a valid I-94. A long illegal stay can potentially result in a banned entry to US, so I would not suggest you stay in US post your I-94 expiry.
2. Are you in US or outside US? If outside US, the I797 should not have come with a new I94 even if it did it is meaningless. All physical I-94s need to be submitted at Port of Exit upon your exit from US, the one that you have with your I797 should also be returned when you leave US as you will get new I-94 when you enter US.

This is my opinion not legal advice.

[ckshah]

i am in usa ..and having new i797 and i 94 with new extenstion.

so i94 is now online process so while i am cming back to usa i can show my new i797 which also have i94 attached will it work?