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Travelling to India after H1-B Transfer

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  • Travelling to India after H1-B Transfer

    Hi,


    I really need some assistance with regards to my travel out of country after H1-B transfer


    In 2009 i've applied for my H1-B with Company-A and got approved for three years. I also had stamping the same year which is valid until 09/30/2012. In March of this year (2011) i've transferred to company-B and my transfer got approved with I-797 for another 3 more years which is valid till 02/07/2014.


    Now i'm planning to go to India on 01/01/2012 and will be back in the country on 01/23/2012.


    Now my questions are


    1) Should i go for stamping since my current stamping which is valid until 09/30/2012 is with my Previous employer (Company-A)


    2) If stamping not required, will i have any issues at the port of entry?


    3) Without going for visa can i show my new I-797 which is valid until 02/07/2014 at the port of entry and have that date on I-94 without any problems? Will the personnel at the Port of entry object this?


    4) Are you aware of anyone in this scenario being objected at Port of entry?


    Thanks in advance!!

  • #2
    1) Should i go for stamping since my current stamping which is valid until 09/30/2012 is with my Previous employer (Company-A)
    >>> Not required. You can travel back on the old visa and the new approval notice.

    2) If stamping not required, will i have any issues at the port of entry?
    >>> Not because of the visa. Whether you will have any other issue or not is no ones guess.

    3) Without going for visa can i show my new I-797 which is valid until 02/07/2014 at the port of entry and have that date on I-94 without any problems? Will the personnel at the Port of entry object this?
    >>> Possible if your passport is valid for more than a year.
    Not a legal advice. Use of this information is strictly at your own risk.

    Comment


    • #3
      Hi Shervin,

      First of all i really appreciate your quick response.

      for my 3rd questions you answered that "Possible if your passport is valid for more than a year."

      Could you please be more specific on this? My passport is valid for until 06/30/2016.

      So can i have 02/07/2014( until which new I-797 is valid) on I-94?


      3) Without going for visa can i show my new I-797 which is valid until 02/07/2014 at the port of entry and have that date on I-94 without any problems? Will the personnel at the Port of entry object this?
      >>> Possible if your passport is valid for more than a year.


      Thanks a ton for your help!

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