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Query Regarding Visa Stamping

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  • Query Regarding Visa Stamping

    Hello,

    Below is my case details and I have few queries before getting my Visa stamped.

    Case Details: I entered US with H1B Visa (Valid till 9/30/2012) and the I-94 on my passport is valid till the same date i.e (9/30/2012). Recently 6 months ago I joined another organization and got my H1 petition approved till 9/20/2014. My I-94 on I-797 shows the same date 9/20/2014.

    Now I want to travel to Canada and get my Visa stamped in August 2012.

    Queries:
    Do I need to return my I-94 (both the one sticking to my passport as well as the one in my I-797) while leaving US (either when I am flying by air or travelling by road)?
    If I get a 221G or if my Visa stamping gets rejected, will I be able to get back to US as my visa on the passport is still active till September 2012?
    While returning back to US, will I get a new I-94?
    If I am allowed to enter US even if I get a 221G or if my visa stamping gets rejected, till when can I work in US as my current petition is approved till 9/20/2014?

    Thanks in advance.

  • #2
    Do I need to return my I-94 (both the one sticking to my passport as well as the one in my I-797) while leaving US (either when I am flying by air or travelling by road)?
    >>> If your trip is shorter than a month and if you travel by land, then they will ask you the use the same I-94 when you return back.

    If I get a 221G or if my Visa stamping gets rejected, will I be able to get back to US as my visa on the passport is still active till September 2012?
    >>> The first thing that they will do when you go for the visa stamping is cancel the previous visa in the passport and then they will decide whether to issue or reject a new one. If they leave the previous visa as such without cancelling it, then you can enter. Otherwise NO.

    While returning back to US, will I get a new I-94?
    >>> Read answer 1.

    If I am allowed to enter US even if I get a 221G or if my visa stamping gets rejected, till when can I work in US as my current petition is approved till 9/20/2014?
    >>> You will not be allowed. Read answer 2.
    Not a legal advice. Use of this information is strictly at your own risk.

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