H1 revalidation-question

[abhaysachar]

Hello gurus,

I am on H-1 visa, and my initial 3 yr visa was valid until July 21, 2006.
I have my first H-1 visa stamped in my passport for Company A thru which I entered US 3 years back. That is the only H-1 visa stamped. I did change companies while in US but have not travelled to India in the meanwhile.

I have changed my job from Company A to Company D and got new I-797 from company D in November 2005. The new I-797/I-94 is valid until Oct 2008.

I am planning to travel to India in December 2006 and come back to resume my job in US after 3 weeks.
My question is -
Can I still qualify for H1 revalidation, that is to get my H1 revalidated based on my new petition?
I got this doubt that since my visa 'expired' on July 21, 2006 - I can still get the H-1 revalidated?

Appreciate your help.

[Subramanya]

Visa Queries

I am on H-1 visa, and my initial 3 yr visa was valid until July 21, 2006.
I have my first H-1 visa stamped in my passport for Company A thru which I entered US 3 years back. That is the only H-1 visa stamped. I did change companies while in US but have not travelled to India in the meanwhile.

I have changed my job from Company A to Company D and got new I-797 from company D in November 2005. The new I-797/I-94 is valid until Oct 2008.

I am planning to travel to India in December 2006 and come back to resume my job in US after 3 weeks.
My question is -
Can I still qualify for H1 revalidation, that is to get my H1 revalidated based on my new petition?
I got this doubt that since my visa 'expired' on July 21, 2006 - I can still get the H-1 revalidated?

---- YES, you need to get the H1 visa stamp on your Passport before you come to the US and that is revalidation for which yaou are eligible but you need the visa to enter US

Subramanya

[abhaysachar]

One more query

Thanks for the prompt reply, Subramanya!!

I had a couple more queries-
1.) So I can stay in the US even after the H-1 visa stamped on my passport was until July 21, 2006 (past date) - as long as I have valid 797 and I-94???

2) When I go for H-1 revalidation to India, the fact that I will go in Dec 2006 and stamped H1 was only until July 21, 06 - this would not be a negative mark on my record???

Thanks.

[Subramanya]

H1 Validity

[QUOTE=abhaysachar]Thanks for the prompt reply, Subramanya!!

I had a couple more queries-
1.) So I can stay in the US even after the H-1 visa stamped on my passport was until July 21, 2006 (past date) - as long as I have valid 797 and I-94???

---- Yes, you are absolutely right

2) When I go for H-1 revalidation to India, the fact that I will go in Dec 2006 and stamped H1 was only until July 21, 06 - this would not be a negative mark on my record???

---- NO, Not at all. It is just that you decided to come to India (or go to India) and on return to the US, you need a visa that is why you are attending a visa interview to get the visa stamped on your Passport

Subramanya