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  • H1 Visa Validity Query

    Hi guys,
    I have H1-B I797 that has validity until July 21 2019 but after I received this I797 approval from USCIS there occurred some series of events after which I am in dilemma whether I am still eligible to travel to US through this I797 work Permit or not. Kindly suggest your honest opinions. Below I am elaborating the case:

    I work for ABC IT Company in India and I received a H1-B Work Permit Approval on 7 March 2017 and the Work Permit is valid until 21 July 2019. This work permit was for Client X and Charlotte, NC location. At the time of receiving this approval from USCIS my designation in my company ABC was D1 .

    Then I got a designation change to designation D2 in Oct 2017 and I got a change of project from client X and started working for another client Y project while still being employee of company ABC.

    My company wanted me to travel to US for the Client Y project which was in NJ location and do due to change of client location and my designation change, instead of H1 Amendment they filed H1 Not Subject to Cap was filed for this US opportunity. But I received a denial for this H1 Not Subject To Cap from USCIS.

    However, my original approved H1-B Work Permit still has validity date till 21 July 2019. So kindly let me know specific answers to each of the following:

    1. If I want to travel to US for the old client X and to old city Charlotte, NC, is my original H1-B Work Permit (that has validity date 21 July 2019) still eligible for travel to US?

    2. Does the recent HNSC denial that happened above (as I stated above) makes the already existing H1 work permit also invalid even though its validity is till July 21 2019 and I want to travel for old client X to same old city?

    3. Also, I don't have the visa stamped on passport? Can I get the stamping done if the original H1 work Permit is still eligible for travel?

  • #2
    Originally posted by boony View Post
    Hi guys,
    I have H1-B I797 that has validity until July 21 2019 but after I received this I797 approval from USCIS there occurred some series of events after which I am in dilemma whether I am still eligible to travel to US through this I797 work Permit or not. Kindly suggest your honest opinions. Below I am elaborating the case:

    I work for ABC IT Company in India and I received a H1-B Work Permit Approval on 7 March 2017 and the Work Permit is valid until 21 July 2019. This work permit was for Client X and Charlotte, NC location. At the time of receiving this approval from USCIS my designation in my company ABC was D1 .

    Then I got a designation change to designation D2 in Oct 2017 and I got a change of project from client X and started working for another client Y project while still being employee of company ABC.

    My company wanted me to travel to US for the Client Y project which was in NJ location and do due to change of client location and my designation change, instead of H1 Amendment they filed H1 Not Subject to Cap was filed for this US opportunity. But I received a denial for this H1 Not Subject To Cap from USCIS.

    However, my original approved H1-B Work Permit still has validity date till 21 July 2019. So kindly let me know specific answers to each of the following:

    1. If I want to travel to US for the old client X and to old city Charlotte, NC, is my original H1-B Work Permit (that has validity date 21 July 2019) still eligible for travel to US?

    2. Does the recent HNSC denial that happened above (as I stated above) makes the already existing H1 work permit also invalid even though its validity is till July 21 2019 and I want to travel for old client X to same old city?

    3. Also, I don't have the visa stamped on passport? Can I get the stamping done if the original H1 work Permit is still eligible for travel?
    1. Yes
    2. No
    3. Yes
    Just an opinion; Not legal advice.

    Comment


    • #3
      Originally posted by scientist2016 View Post
      1. Yes
      2. No
      3. Yes
      Thanks for the response.
      I have another query. If I get the stamping done now then for some personal reason I would not be able to travel before March 25 2019. Is it fine to travel by this March 2019 end when my H1 expiry is 21 July 2019?
      So..at the minimum for how long the H1 visa remain valid to travel so that there is no problem at the immigration departure and also at the port of entry in US?
      Note that my company will be doing extension once I reach US.

      Thanks again in advance.

      Comment


      • #4
        Can someone please provide clarification to my queries? Thanks in advance.

        Comment


        • #5
          Originally posted by boony View Post
          Thanks for the response.
          I have another query. If I get the stamping done now then for some personal reason I would not be able to travel before March 25 2019. Is it fine to travel by this March 2019 end when my H1 expiry is 21 July 2019?
          So..at the minimum for how long the H1 visa remain valid to travel so that there is no problem at the immigration departure and also at the port of entry in US?
          Note that my company will be doing extension once I reach US.

          Thanks again in advance.
          Hi Friends, Can someone please clarify my doubt? I need this information at the earliest.

          Comment


          • #6
            Need help in H1 Visa Stamping Query

            Originally posted by scientist2016 View Post
            1. Yes
            2. No
            3. Yes
            Thanks for the responses.
            I am still in dilemma as my employer does agree that my existing work permit is deemed valid but they say I can't proceed with stamping as last HNSC petition was denied even though existing petition is valid till July 2019.

            Kindly suggest Friends what is correct in my case? Logically thinking if I am eligible for travel from the existing work permit then why can't stamping be obtained?

            Pls help!

            Comment


            • #7
              VISA Valid but STAMPING Query

              I am still in dilemma as my employer does agree that my existing work permit is deemed valid but they say I can't proceed with stamping as last HNSC petition was denied even though existing petition is valid till July 2019.

              Kindly suggest Friends what is correct in my case? Logically thinking if I am eligible for travel from the existing work permit then why can't stamping be obtained?

              Pls help!

              Comment


              • #8
                Originally posted by boony View Post
                Thanks for the response.
                I have another query. If I get the stamping done now then for some personal reason I would not be able to travel before March 25 2019. Is it fine to travel by this March 2019 end when my H1 expiry is 21 July 2019?
                So..at the minimum for how long the H1 visa remain valid to travel so that there is no problem at the immigration departure and also at the port of entry in US?
                Note that my company will be doing extension once I reach US.

                Thanks again in advance.
                1. Yes.
                2. There is no such minimum duration.
                Just an opinion; Not legal advice.

                Comment


                • #9
                  Need help on Stamping Query URGENT!!!

                  Originally posted by scientist2016 View Post
                  1. Yes.
                  2. There is no such minimum duration.
                  I am still in dilemma as my employer does agree that my existing work permit is deemed valid but they say I can't proceed with stamping as last HNSC petition was denied even though existing petition is valid till July 2019.

                  Kindly suggest Friends what is correct in my case? Logically thinking if I am eligible for travel from the existing work permit then why can't stamping be obtained?

                  Pls help!

                  Comment


                  • #10
                    Originally posted by scientist2016 View Post
                    1. Yes.
                    2. There is no such minimum duration.
                    Hello!

                    Could you please respond to my query? Its really VERY URGENT for me.

                    I am in dilemma as my employer does agree that my existing work permit is deemed valid but they say I can't proceed with stamping as last HNSC petition was denied even though existing petition is valid till July 2019.

                    Kindly suggest Friends what is correct in my case? Logically thinking if I am eligible for travel from the existing work permit then why can't stamping be obtained?

                    PLS HELP ME!!! Please respond.

                    Comment

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