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H1 B Visa Help

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  • H1 B Visa Help

    Hi,

    I am currently on H1 B with an academic institution A. My visa expires in June 2013 though my job contract ends this June.

    I have received a new academic job offer from Institution B with a start up date of August, 2012. Since there is a more than a month's gap between the two jobs, the H1 B cant be transferred. Even the new institution B does not want to move the start up date to make the transfer possible.

    In that case, I am going to go to India in June. My new employer is going to process a new H1 B for me and give me the I797 before I leave for India.

    In that case, can I come back on my old visa (processed by institution A and expires June 2013) with the new I797?

    Or Do you think it is advisable to apply for a new visa with the new I797 and get it stamped at the consulate and comeback?

    I will really appreciate your suggestion

    Thanks

  • #2
    I am currently on H1 B with an academic institution A. My visa expires in June 2013 though my job contract ends this June.

    I have received a new academic job offer from Institution B with a start up date of August, 2012. Since there is a more than a month's gap between the two jobs, the H1 B cant be transferred. Even the new institution B does not want to move the start up date to make the transfer possible.

    In that case, I am going to go to India in June. My new employer is going to process a new H1 B for me and give me the I797 before I leave for India.

    In that case, can I come back on my old visa (processed by institution A and expires June 2013) with the new I797?
    >>> Yes.

    Or Do you think it is advisable to apply for a new visa with the new I797 and get it stamped at the consulate and comeback?
    >>> Not required. But you are allowed to get the visa stamped based on the new employer's petition.
    Not a legal advice. Use of this information is strictly at your own risk.

    Comment


    • #3
      Hi Shervin

      Thanks a lot for your input. But do you think that if I choose option 2 (i.e. apply for a new visa with the new I797 and get it stamped at the consulate), will it create any problems or raise questions in obtaining visa where my old visa is yet to expire?

      Many thanks

      Comment


      • #4
        No. Like I said, you are allowed to do that to get the correct employer name in the visa. However, you are allowed to travel back on the existing visa with the new approval notice. If you need more clarification, talk to VFS helpdesk.

        Originally posted by bd_delhi View Post
        Hi Shervin

        Thanks a lot for your input. But do you think that if I choose option 2 (i.e. apply for a new visa with the new I797 and get it stamped at the consulate), will it create any problems or raise questions in obtaining visa where my old visa is yet to expire?

        Many thanks
        Not a legal advice. Use of this information is strictly at your own risk.

        Comment

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