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H1 Visa Getting Expired from Old Employer

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  • H1 Visa Getting Expired from Old Employer

    Hi ,
    I came to US in April'2006 from company A .My H1 Visa and Work Petition is valid till Oct'2008 (From Company A) .
    In March'2007 , I transfered my H1 to Company B and I got the new work petition till Feb 2010.
    My H1 Visa in the passport is still till Oct-2008 from company A.

    Please , help me in clarifying my doubts/questions:

    (A) If I go to India before Oct'2008 or after Oct'2008 , do I need to get the
    H1 Visa Stamping again on my passport for the new employer i.e. company B

    (B) If I am not going to India and can i continue to stay in US till my new work petition -i.e. Feb'2010 with my old visa stamped on the passport which is expiring in Oct'2008.

    Please , let me know for the same if I need to get the Visa stamping again for the new employer then I have to make arrangements for the same.

    Note : Same thing I want to confirm for my spouse also who is on H4 with me and her visa is also till Oct'2008.

    Last edited by abhayg4; 10-29-2007, 08:04 PM.

  • #2
    no you dont need a stamp till the current one expires you can present the new petition and enter, same for wife.

    You can stay in US even if stamp expires if the I-94 does not, it is the I-94 that counts once in USA not the petition or the stamp, same for wife.

    If when you transfrred you also filed her H4 then her I-94 would be same as yours, otherwise you need to fie for extension timely.


    • #3
      H1 Visa Getting Expired from Old Employer


      Thanks for the update/info.

      My I-94 and my spouse I-94 is also expiring on the same date i.e. Oct'2008.
      So , it means I had to apply for the extension of I-94 .
      Is there any time frame during/before which I had to file for the extension of I-94.

      Thanks ,


      • #4
        You should apply to extend your stay(I-94 Extension) at least 45 days before your stay expires, but the USCIS Service Center must receive your application by the day your stay expires.