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  • H1B-after 3 years

    Hi friends,

    Where else could I go for information?

    I am completing the first 3 years of H-1B in the US. And have received my renewal for another 3 years, up-to 2013. The present 3 year visa stamping expires on Sept.23, 2010.

    I intend to visit India during July 2010 and return to the US in Aug.2010. And my family of 3 members are also traveling along with me on H4 and returning along with me.

    1. Should I go for re-stamping of the visa at US consulate for myself as well as the family?

    2. Or just travel back to the US with the latest approved 1-129?

    Your suggestions are well taken.
    Best regards.

  • #2
    As long as the visa is valid, you can return back without any issues. By showing the extended I-797 approval notice at the POE, you should get an I-94 until expiry date of the extended petition. However, some officers at the POE tend to give I-94's only till the visa expiry date. In which case, you will end up having to file the extension again before the I-94 expires or you can try leaving the country and re-entering through Canada/Mexico (You may get an extended I-94) or you can get the visa stamped in Canada/Mexico and re-enter.
    Not a legal advice. Use of this information is strictly at your own risk.

    Comment


    • #3
      Shervin143-one more take...

      Thank you for your crisp reply.

      Just want your opinion.

      Is is advisable that I do not apply for H4 extension for my dependents here in the US. But while they are in India, send them for renewal of H4 visa so that they need not have any issues with I-94 at the POE?

      I am also going to be with them in India for vacation.

      What's your take?

      Thanks.

      Comment


      • #4
        Advisable to do that. That way, you don't haveto worry about getting a shorter I-94 at the POE due to visa expiry (Unless the passport expires before that. Some officers at POE tends to give I-94 only till passport expiry).

        Originally posted by novice2007 View Post
        Thank you for your crisp reply.

        Just want your opinion.

        Is is advisable that I do not apply for H4 extension for my dependents here in the US. But while they are in India, send them for renewal of H4 visa so that they need not have any issues with I-94 at the POE?

        I am also going to be with them in India for vacation.

        What's your take?

        Thanks.
        Not a legal advice. Use of this information is strictly at your own risk.

        Comment

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