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  • H1 Ext

    Hi,
    I have a valid H1 B visa till Sept 11 2017 and my company has applied for H1 B ext but before getting approval I need to travel to India urgently. While staying in India my H1 B ext got approval and got a soft copy of the petition. Whether I can travel to US or I need to get Petition copy and get Visa stamped before entering US. Please advise.
    Thanks.

  • #2
    Originally posted by surgeond View Post
    Hi,
    I have a valid H1 B visa till Sept 11 2017 and my company has applied for H1 B ext but before getting approval I need to travel to India urgently. While staying in India my H1 B ext got approval and got a soft copy of the petition. Whether I can travel to US or I need to get Petition copy and get Visa stamped before entering US. Please advise.
    Thanks.
    If you get yourself a new visa , you have a very high chances of getting a new I-94 at the port of entry matching your Visa and I797. If you do not go for new visa stamping, and at port of entry you just show the current visa and copy of the new petition, it is up to the officer to give I-94 to match your I797.

    This is my opinion not legal advice.

    Comment


    • #3
      Originally posted by raghvi View Post
      If you get yourself a new visa , you have a very high chances of getting a new I-94 at the port of entry matching your Visa and I797. If you do not go for new visa stamping, and at port of entry you just show the current visa and copy of the new petition, it is up to the officer to give I-94 to match your I797.

      This is my opinion not legal advice.
      Thanks for the reply. In case at POE I get Sep 11, 2017 as in I94. Still the approved H1 extension is valid. So I can go out of US and re enter so if get new I94 according to I797.

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      • #4
        thanks for your reply. If I get Sep 11, 2017 on I94 at POE, still the H1 Ext approval is valid or not. So that I can go out the country and reenter for new I94

        Comment


        • #5
          Originally posted by surgeond View Post
          thanks for your reply. If I get Sep 11, 2017 on I94 at POE, still the H1 Ext approval is valid or not. So that I can go out the country and reenter for new I94
          Not unless you have a visa stamping matching your I797. The only way to get a near 100 % chance of getting an I94 to match your I797, is to go for H1 interview and get yourself a H1 visa stamped as per the I797.

          This is my opinion not legal advice.

          Comment

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