H1 restamping while on a valid H1

[klusener]

Apologies in advance if this has been answered already, but searching for key words didn't reveal any threads with similar questions.

My first H1 visa stamp is valid till Sep 30 2009. I have changed employers since I originally entered the US in 2007. I have transferred my H1 to my current employer and the H1 transfer approval (I-797) contains an expiry date of 2011.

I will be travelling out of the US soon, at which point I intend to get a new H1 stamp till 2011.
1) Is that even allowed? I mean, am I allowed to apply for a H1 renewal at a consulate while I have a valid stamp? Or should I apply only after my current H1 expires?
2) (Assuming the answer to #1 is that I can apply for a renewal while I have a valid stamp) In the unlikely event that my new H1 stamp is rejected (for whatever reason), will my existing H1 stamp be invalidated as well?
3) (This is kinda related to #2). In the event that my new H1 stamp is rejected, can I re-enter the US using my existing visa stamp before it expires in Sept 2009?

Thanks a lot!

[Subramanya]

Apologies in advance if this has been answered already, but searching for key words didn't reveal any threads with similar questions.

My first H1 visa stamp is valid till Sep 30 2009. I have changed employers since I originally entered the US in 2007. I have transferred my H1 to my current employer and the H1 transfer approval (I-797) contains an expiry date of 2011.

---- Do not complicate the issue more than what it is. I hope you understand. Since this is firts time going out of the US to get a visa stamp you are speculating all these issues. Anyway let us try adn address some

I will be travelling out of the US soon, at which point I intend to get a new H1 stamp till 2011.
1) Is that even allowed? I mean, am I allowed to apply for a H1 renewal at a consulate while I have a valid stamp? Or should I apply only after my current H1 expires?

---- Allowed or not it is too early in the game to get a H1 visa stamp renewal. If you have a visa stamp you can alwasy enter US and since you will get a I-94 valid till 2011, you cna continue staying in the US

2) (Assuming the answer to #1 is that I can apply for a renewal while I have a valid stamp) In the unlikely event that my new H1 stamp is rejected (for whatever reason), will my existing H1 stamp be invalidated as well?

---- Refer above asnwer to Q1.

3) (This is kinda related to #2). In the event that my new H1 stamp is rejected, can I re-enter the US using my existing visa stamp before it expires in Sept 2009?

---- At any time if your visa is under 221g or even rejected you cannot enter the US until you get a valid visa. Exceptions may be when you have a visa like H4. If you do try and enter at the POE, they can track your status and deny entry. After that you will be left nowhere except going to your country and waiting for the visa to be issued. However, your attempt to enter US will be recorded and you will be repeatedly questioned any time you travel

---- In the process, if you want a visa, wait till aroung Sept. 2009 and then apply for a visa stamp, get it and enter US. Even otherwise as mentioned above your I-94 should enable you to continue in US till the day you deciede to go out of US after Sept. 2009

Subramanya

[klusener]

Thanks for the prompt and detailed response. Really appreciate it!