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Is my current H1B stamp on passport Valid for re-entry in US? H1-H4(applicant)-H1

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  • Is my current H1B stamp on passport Valid for re-entry in US? H1-H4(applicant)-H1

    Hello, I have been on H1B visa since Oct 2017, but last year due to job loss, somewhere in May I applied for H4 visa. But before my H4 visa could get approved, my H1B got approved with new employer.
    I have a H1B visa stamp on my passport till June 2022 of my previous employer.
    I wanted to ask if I travel to India then will I need a new stamp or I can come with my current stamp?
    If I need a stamp then am I eligible for dropbox?

  • #2
    Hi Member,
    Here is my response on your question.
    I wanted to ask if I travel to India then will I need a new stamp or I can come with my current stamp?
    Answer: Very tricky question. But, Please do let me know, from which date you got H1B Approval? Is that continuation of your previous H1B Approval or any gap between previous H1B Approval and new H1B Approval? And also, did you include H4 receipt notice, when you file H1B new petition?
    If I need a stamp then am I eligible for dropbox?
    Answer: Kindly provide more info as per above question. With that, we will help you to give our input.
    Thanks

    Comment


    • #3
      Hello,
      Thanks for replying.
      Here are the details:
      Got H1B visa approved from August 2019 to July 2022. Got this Visa stamped in Dec 2019 which I have currently on my passport.
      Got laid off in March 2020, hence filed for H4 visa on May 2020. Meanwhile kept looking for jobs and got one in Feb 2021.
      Since I got H1B visa approved in Feb 2021(validity till Jan 2024) and H4 visa was still in process and was not approved, hence attorney suggested to withdraw H4 application.
      And hence my question is that, since I have Valid H1B visa stamped on my passport which is valid till July 2022,
      Q1: Can I visit to home country and return without getting new visa stamped and without any issues at USA port of entry and can have my I94 extended till 2024 based on new I797?
      Q2: Am I eligible for dropbox option if I would like to get visa stamped before returning from home country to USA, since I would be stamping the same visa at same previous location as stamped last time?

      Regarding your question about "did you include H4 receipt notice, when you file H1B new petition?" , I had provided the receipt to my company's lawyer while they were preparing my H1B. Not sure if they included in the petition or not.

      Comment


      • #4
        Hi Member,
        Please see my response below.
        Q1: Can I visit to home country and return without getting new visa stamped and without any issues at USA port of entry and can have my I94 extended till 2024 based on new I797?
        Answer: As per my knowledge, since you filed change of status petition and there was a gap, you will need to go for visa stamping this time for safer side.
        Q2: Am I eligible for dropbox option if I would like to get visa stamped before returning from home country to USA, since I would be stamping the same visa at same previous location as stamped last time?
        Answer: I dont think so, you will be eligible for Interview waiver. You may need to go for Interview in order to get H1B stamping.
        All the best.
        Thanks

        Comment


        • #5
          Thanks for your response

          Comment

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