H1B Extension while Labor is filed

[roma11_22]

Hi,

I am from India and currently work in Pennsylvania.

Background:
1. A consulting firm (Company-A) filed for my H1 and I came to U.S. on 19-Apr-06. My I-94 was valid till 30-Sep-08. So the visa stamped on my passport is valid till 30-Sep-08.
2. A good non-consulting firm (Company-B) hired me in December-06 as a permanent employee. They transferred my H1 and now my new I-797A is valid till 29-Oct-2009. The new I-797A contains I-94 in the lower right corner. Company-B has started my Greencard processing and has filled for my Labor in August-07 using PERM LABOR Processing.

Question:
1. Do I need to go back to India before 30-Sep-08; to get my visa extended till 29-Oct-2009?
2. Please guide on possible risks of going to India for extension.
3. I have recently bought a house in U.S. and will be moving at end of Nov-08. Will this have any effect on my H1 extension? Should I not tell the Consulate officer that I own a house? One friend told that H1 holders are not supposed to buy house in U.S. - is it true?

Your help is highly appreciated; since I have no idea about any of this.

Regards,
Roma.

[waitin_toolong]

1. if your I-94 (new one) is valid till Oct 09 then you dont hav to get a new stamp, stamp is only for reentry and ou can use the current stamp till it expires to travel along with new I-797A

2. you dont face any risks at the moment

3. The only risk is with not being able to continue with job and havin to pay mortagage or leaving the country in a hurry. it is not illegal to own a house on H1.

[roma11_22]

Thanks for you reply waitin_toolong

With reference to answer 1:
"You can use the current stamp till it expires to travel along with new I-797A"
Followup Question: So I can use my current visa stamp on my passport (expiring 30-Sep-08) if I re-enter before 30-Sep-07. Say I do not re-stamp now and I leave U.S. after 30-Sep-08; will they not allow me to come back since I left US after my stamp on passport expired?

Thanks in advance,
Roma

1. if your I-94 (new one) is valid till Oct 09 then you dont hav to get a new stamp, stamp is only for reentry and ou can use the current stamp till it expires to travel along with new I-797A

2. you dont face any risks at the moment

3. The only risk is with not being able to continue with job and havin to pay mortagage or leaving the country in a hurry. it is not illegal to own a house on H1.

[waitin_toolong]

they will not let you reenter on expired stamp, but you can get a new stamp based on new approval before entry.

[roma11_22]

Thanks again watin_toolong,

Say I do not leave U.S. till my 485 is filled / Green card is started. My company will keep getting my 797 extended and will also progress for my Green Card. So if I do not leave U.S.; and my passport - stamp remains expired (last day 30-Sep-08); will it affect my Green Card in any manner? Am I staying illegally?

Your answers got me confused - what is the difference between the Passport-stamp and 797?

Regards,
Roma

they will not let you reenter on expired stamp, but you can get a new stamp based on new approval before entry.

[waitin_toolong]

no as i said, the stamp is just like a tkt that you need to present at the entry point after that it is maeningless, as you can change and extend status once in USA.

The only thing that matters is that you maintain a legal status by having a valid I-94 and following the rule of your status you are legal and in no way jepopardising anything. The stamp does not confer a legal status I-94 does. Keep track of dates on it and renew timely.

But remeber any time you travel abroad even to mexico, canada, bahamas etc you will need a valid stamp to reenter.