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Problem with H1 Transfer

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  • Problem with H1 Transfer

    I got my visa with Company1 which is going to expire on Aug2009. And I entered in USA on Jan 2008. At POE, they gave I-94 number up to Aug2009.

    Then I transferred my H1 to Company2 in March2008 based on my I-94 number. While It was in process, I went to India on Apr2008. When I was in India, my new H1 is approved and I got the New H1 papers. Then again I came to USA with New H1 papers on Jun 2008

    But the immigration officer at the Port of Entry, gave the I94 number based on my passport visa data ie., Aug2009, instead of my New H1 Approved paper. But I have approved H1 up to May 2011, The approved New H1 Contains new I94 number up to May2011. So can I stay in USA up to May 2011? Or I need to go for stamping to get my new visa on New approved H1??.
    Last edited by remusa; 12-06-2008, 02:40 PM.

  • #2
    You should show your new I797 when you enter again to get I-94 till I797 date. If not, your H1b has to be filed for an extension prior to when your current I-94 expires.

    I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.

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