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  • H1 renewal & H4 renewal stamping

    I am working on H1B VISA (IN THE HEALTH CARE SECTOR) from Oct 2005.
    My 2nd H1 is expiring in Oct 2011. My I-140 has been approved more than 1 yr back.My priority date is Oct 2008. My employer has filed for 3yr H1b extension from oct 2011 to 2014.
    I have received I-797 petition valid oct 2011 to 2014.
    Myself ,wife and daughter will be going to india in 1st week of june.2011.

    I have leave only for 2 weeks and I have applied for H1B stamping at chennai.

    I heard of many horror stories of people not getting their passports stamped on time due to "administrative processing ,security clearance etc"

    My question is

    1) Can I return to the U.S after my 15 day vacation on basis of my previous H1B VISA which is valid upto Oct 2011?

    2) Can I cancel my appointment date for reason being shortage of leave time?

    3) At the port of entry in US , Do I Show my previous I-797 which is valid till Oct 2011.
    Will I be asked whether my visa is being extended after oct 2011 ?
    Do I need to show my new I-797(oct 2011 to oct 2014) to the officer at the port of entry?

    Can he insist that I should have got my H1B extension stamping done during my visit to India?

    4)My wife and child will be returning to US IN JULY 2011. Will they face a problem at the port of entry for not having H4 RENEWAL STAMP though they too have a valid H4 stamp upto Oct 2011?

    Please guide me asap as I have to leave for India after 4 more days
    Thanks

  • #2
    Visa is just an entry document to U.S. As long as the visa is valid you can enter U.S. There is no need to get the visa stamped just because you have an extended petition. There is no need to hide the fact that you already have a H1B extension. By showing the extended petition at the POE, you will get an I-94 until your extended petition expiry date. And the same holds good for your dependents. However, they will need to carry your H1B petition approval notice if they will be travelling back to U.S on a later date. They also will get the I-94 until your extended H1B petition expiry date.
    Not a legal advice. Use of this information is strictly at your own risk.

    Comment


    • #3
      [QUOTE=sricheruk;239012]Thanks for your prompt guidance Shervin

      One more question
      Can my wife and child carry a US Notarised copy of I797 extension(H1B approval notice) since myself and my family will be returning to USA on different dates.I will be carrying the original H1B extension approval notice with me.

      As you say I can get I94 for extended period on basis of new I -797 petition at the port of entry.

      But then if my wife and child do not get their visa stamping done while in India (because current visa is valid upto oct 2011 and they are returning to US in july 2011) do they need I797 A (H4 extension approval seperately in addition to mY I-797 IN order to get extended date on their I94 at the port of entry.Currently we have not filed for seperate h4 extension petition.

      Please guide.

      Comment


      • #4
        H1 and H4 Renewal

        [QUOTE=sricheruk;239019]
        Originally posted by sricheruk
        Thanks for your prompt guidance Shervin

        One more question
        Can my wife and child carry a US Notarised copy of I797 extension(H1B approval notice) since myself and my family will be returning to USA on different dates.I will be carrying the original H1B extension approval notice with me.

        As you say I can get I94 for extended period on basis of new I -797 petition at the port of entry.

        But then if my wife and child do not get their visa stamping done while in India (because current visa is valid upto oct 2011 and they are returning to US in july 2011) do they need I797 A (H4 extension approval seperately in addition to mY I-797 IN order to get extended date on their I94 at the port of entry.Currently we have not filed for seperate h4 extension petition.

        Please guide.

        Comment


        • #5
          Can my wife and child carry a US Notarised copy of I797 extension(H1B approval notice) since myself and my family will be returning to USA on different dates.I will be carrying the original H1B extension approval notice with me.
          >>> If you don't want to take any chance, then it is advisable to carry the original. FedEx can deliver safely within 5 days.

          But then if my wife and child do not get their visa stamping done while in India (because current visa is valid upto oct 2011 and they are returning to US in july 2011) do they need I797 A (H4 extension approval seperately in addition to mY I-797 IN order to get extended date on their I94 at the port of entry.Currently we have not filed for seperate h4 extension petition.
          >>> All that they need is your extended H1B approval notice. If they already have their H4 extension papers with them, then ask them to carry it with them. If their extensions are not filed, then it is not required.
          Not a legal advice. Use of this information is strictly at your own risk.

          Comment

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