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  • Re-entry question

    My contract with a client ended at the start of the new year, i was out of US at that time. My h1b employer then revoked my I-797 as they don't support bench pay (status on uscis website shows 'revoked'). I now have gotten another client contract, so, my same h1b employer is re-filing for my h1b to re-instate my status. As i am out of US still, my question is with re-entry. I currently have the old revoked I-797 with valid dates, I also have visa stamped on my passport which i got using the same old revoked I-797 and it also has valid dates. I will be getting the receipt # soon for the new h1b visa which my employer is now in the process of filing.

    My question is: Do i need to have the new I-797 and the new visa stamp based on it on my passport to re-enter? Or is there any chance that i can still re-enter using my revoked i-797 and stamp as they have valid dates.

    I think the answer is: I will need new I-797 & old visa stamp will do. Revoked 797 is useless. -- let me know.

    Another question I have is regarding my new h1b re-file: As i am out of US does that affect the approval/non approval (rfe etc) in any way? They will be filing on the basis of my approved I-140.
    Last edited by cleanswing; 01-21-2017, 09:05 AM.

  • #2
    Originally posted by cleanswing View Post
    My contract with a client ended at the start of the new year, i was out of US at that time. My h1b employer then revoked my I-797 as they don't support bench pay (status on uscis website shows 'revoked'). I now have gotten another client contract, so, my same h1b employer is re-filing for my h1b to re-instate my status. As i am out of US still, my question is with re-entry. I currently have the old revoked I-797 with valid dates, I also have visa stamped on my passport which i got using the same old revoked I-797 and it also has valid dates. I will be getting the receipt # soon for the new h1b visa which my employer is now in the process of filing.

    My question is: Do i need to have the new I-797 and the new visa stamp based on it on my passport to re-enter? Or is there any chance that i can still re-enter using my revoked i-797 and stamp as they have valid dates.

    I think the answer is: I will need new I-797 & old visa stamp will do. Revoked 797 is useless. -- let me know.

    Another question I have is regarding my new h1b re-file: As i am out of US does that affect the approval/non approval (rfe etc) in any way? They will be filing on the basis of my approved I-140.
    You need a valid I797 to enter US, a revoked one will not help.

    You being out for US does not generally cause an RFE or any issues with I140 in the future.

    This is my opinion not legal advice.

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    • #3
      Thanks for the reply. So as i was guessing, [new 797 + Old visa stamp] will work for reentry right. (you didn't reply about stamp)

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      • #4
        Originally posted by cleanswing View Post
        Thanks for the reply. So as i was guessing, [new 797 + Old visa stamp] will work for reentry right. (you didn't reply about stamp)
        Yes it should work. Don't see a reason why one should avoid a stamping.

        This is my opinion not legal advice.

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        • #5
          Time being the reason, getting stamp again is a no issue for me, the next client contract is waiting though.
          Last edited by cleanswing; 01-21-2017, 01:43 PM.

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