H1b visa : Travelling to india

[raju1111]

Hi ,

My first 3 years of H1B will expire on sep-24th 2011 with OLD EMPLOYER.I applied for extension with NEW EMPLOYER and i got the extension for 3 more years.

1.I am planning to go to India on july 8th and come back on july 30th.is that ok to travel to india as my OLD visa is still valid?(Some of my frds are telling me that its not safe to travel before 2 months before to the VISA expiration date.But i have the new I-797 here for next 3 years.).

2.If its ok to travel and come back , which I-797 i have to show at POE?(Now i started working with new employer).

Thanks,
Raj.

[shervin143]

1.I am planning to go to India on july 8th and come back on july 30th.is that ok to travel to india as my OLD visa is still valid?(Some of my frds are telling me that its not safe to travel before 2 months before to the VISA expiration date.But i have the new I-797 here for next 3 years.).
>>> No issues. You can use the old visa + the new petition at the POE. The I-94 will be issued till the new petition expiry date.

2.If its ok to travel and come back , which I-797 i have to show at POE?(Now i started working with new employer).
>>> The approval notice of whichever employer that you will be working once you enter U.S. What is the point in showing the old approval notice?

[raju1111]

Shervin,

Thanks for the reply.

"The approval notice of whichever employer that you will be working once you enter U.S. What is the point in showing the old approval notice?"

--Yes that is correct , it makes no sense.Only thing i asked that question because i am coming back with OLD h1b visa, i thought i have to show the OLD i-797.Now i got it .Thanks for the reply.

--Why the people say its not safe to go out of country before 2-3 months of VISA expiration date? Just curious ..

[shervin143]

--Why the people say its not safe to go out of country before 2-3 months of VISA expiration date? Just curious
>>> I have no idea. But I know for sure that is not an issue. You can enter U.S as long as the visa, petition and passport remains valid. At the worst case (Happens very rarely based on the officer you meet at the POE) you may get the I-94 only till the visa expiry date even though you have an extended petition. In which case you have to file the extension again.