valid h1b till jun 2012 but new i797 issued MEANWHILE OUT OF USA TRAVEL

[ashishgupta999]

Hi,
I currently have h1b valid till jun 2012 but the hospital I work for has been brought by a different company.
They applied for new H1b and will be giving me a new i797 before aug 31st but meanwhile i have my Jamaica vacation from aug 31st to sep 4th. I am confused as to what are the chances that they won't let me reenter US as the office in my hospital advises me not to leave the country and sai8d at POE I might not be allowed to renter us. I scared as to what if it does happen and might have to go to india for the visa stamping?

Kindly advice.

Thanx
ashish

[shervin143]

Do you have a valid H1B visa in your passport? If you get the H1B approved before your vacation, then when you leave the country surrender all the I-94s (including the one that will come with the approval notice). You can return back with the existing valid H1B visa and the newly approved H1B petition. At the POE you will get a new I-94. I don't see any issues. If you don't have a valid H1B visa in the passport, then you need to get it stamped before you re-enter.

[ashishgupta999]

My h1b is from caritas hospital which is valid till jun 2012. The same hospital was brought by different company in feb this year and it's named steward hospital now and that's why they reapplied for our visa and I will be most prob getting my I 797 before I leave for my vacation out of US. My concern is would there be any issues as I will have a new I 797 from steward hospital and in US immigration site it will show my visa as still from caritas hospital. The Graduate medical education suggested me not to travel saying at POE I might be denied reentry in US. I am not sure If I need to cancel my trip. Any suggestions or previous experiences will help me decide.

[shervin143]

That is not an issue. You can travel with the existing visa and the latest approval notice. Even if you have changed your employer, you can still use the existing H1B visa (as long as it remains valid in the passport) along with the latest H1B approval notice.

My h1b is from caritas hospital which is valid till jun 2012. The same hospital was brought by different company in feb this year and it's named steward hospital now and that's why they reapplied for our visa and I will be most prob getting my I 797 before I leave for my vacation out of US. My concern is would there be any issues as I will have a new I 797 from steward hospital and in US immigration site it will show my visa as still from caritas hospital. The Graduate medical education suggested me not to travel saying at POE I might be denied reentry in US. I am not sure If I need to cancel my trip. Any suggestions or previous experiences will help me decide.

[ashishgupta999]

The only thing bothering me is the same employer has been renamed. Amd I dont know how the immigration officials are going to understand this.

[shervin143]

I am not sure if you really got the point. Even if you transfer your H1B from Employer A to B, you can still use the valid H1B visa with employer A's name along with the new petition from employer B to re-enter U.S and it is not an issue. If you are still concerned, better get the H1B stamped again with the new employer's name or consult an immigration attorney.

The only thing bothering me is the same employer has been renamed. Amd I dont know how the immigration officials are going to understand this.

[ashishgupta999]

Thanx for all ur help shervin

[ashishgupta999]

Hi,
the USICS center in vermont recieved my application on 8/19 and the usics site shows my application I -129 petition as just accepted,
So what kind of documents should I take with me when I travel?

[shervin143]

You don't have to take any documents when you leave U.S. When you re-enter, you will need the valid I-797 approval notice.

Hi,
the USICS center in vermont recieved my application on 8/19 and the usics site shows my application I -129 petition as just accepted,
So what kind of documents should I take with me when I travel?

[ashishgupta999]

Hi,
But my I 7978 is not approved yet...shows as accepted in usics site.
I travel on 31st and will be back on 4th. What if it doesn't get approved before I leave or if it doesn't get approved before 4th?

[shervin143]

Well, you don't have a choice. You need a valid approval notice to re-enter U.S. The I-94 will be issued based on the petition expiry date. Also, the I-94 that comes with the approval notice should be surrendered when you leave the country. On your return you will get a new I-94. Having multiple I-94 with different I-94 numbers is always an issue. Booking the tickets (Including the return) without taking all these into consideration is a mistake.If you had to travel, then wait until the employer receives teh approval notice. Ask them to courier it to you and travel back with the new approval notice. Once you are inside U.S, return the I-94 that comes with the approval notice to CBP stating that you were out of the country at that time.
https://www.immihelp.com/returning-u...4-form-to-cbp/

Hi,
But my I 7978 is not approved yet...shows as accepted in usics site.
I travel on 31st and will be back on 4th. What if it doesn't get approved before I leave or if it doesn't get approved before 4th?

[ashishgupta999]

Thanx for all ur replies shervin...
But can i use the old I 797 which is valid till june 2012???

[shervin143]

What do you think is the point of filing an H1B amendment if you can still use the old petition. Since your company is been taken over, an H1B amendment is filed and it is advisable to use the new approval notice to re-enter U.S. Whether you want to take a chance with the old petition is upto you.