Req. new visa for amended petition?

[srinivasri]

I was a postdoc last year and this year I got promoted to a research associate (both in Aerospace engg)- unlike the postdoc position, the research associate is a permanent position (so to speak) that makes me Green Card eligible. So my postdoc H1B petition had to be amended to account for this change and as a result, I have the new petition which expires in 2011.

Now, my Visa, issued last year (I went through the painful 221g process for 6 weeks in 2007) was valid till Nov 30 of this year, but it was based on the previous postdoc petition. So my main question is, if I leave and reenter use before the 29th of November, would the old Visa allow me to reenter? Also what would become of the I94 date? Would it be based on my old Visa (2008) or my new work petition (2011)

My second question is, if I indeed go for a fresh visa stamping this October, would the consulate even entertain such a thing more than a month in advance of the actual visa expiry (Nov 30)? Also, do I have the same chances of being put in the 221g processing as my last time since my technology area is unchanged?

The Immihelp forums helped me a great deal last year through my 221 g ordeal... while I hope it will not come to that once again, its best to prepare for the best and what better place than this wonderful forum!

-thanks in advance,
Srikant

[C4us]

You may use your existing visa stamping until its expiration date; you will provide the approval notice for your current position and your I-94 date will reflect that.

If it is convenient to get a new stamping so you don't have to do it in the future when time may be more of an issue, it can be done before the expiration of your existing stamping.

You may receive another 221g - but then again you may not; if there is a concern about your new employer/position, there is little you can do. If you are really concerned, take all of your old papers along with your new to an immigration attorney for an evaluation of the probability of this happening.