H1B Stamp expiring should I travel to India?

[gtuteja297]

I have one question regarding H1B visa stamp in which I need your expert opinion, I would be really grateful if you could take out some time from your busy schedule to look into the question

My question is I have a H1B stamp which is valid till 15th feb 2014 which I got from previous company, but currently i am with different employer and having I797 valid till 26th June 2014, I want to go to india to attend marriage from 18th jan to 11th feb , I was wondering is there any risk to return on 11th feb as my h1 stamp is valid till feb 15th although i have I797 which is valid till 26th june from a new employer?

I would really appreciate you guidance on this matter

Thanks
Gaurav

[kabkaba]

Technically it possible. However, recently CBP started issuing I-94's according Visa expiry and not petition expiry. If that happens you will not have sufficient time to obtain extension. Why don't you apply for Visa while abroad and return with a new Visa?

[gtuteja297]

I heard from my companys lawyer that CBP should issue I-94 according to petition expiry not the visa expiry...are you sure its opposite??

[raghvi]

I heard from my companys lawyer that CBP should issue I-94 according to petition expiry not the visa expiry...are you sure its opposite??

What the attorneys says is right but some CBP officials may not do so. Some attorneys also advise to get fresh visa stamping done when travelling so close to visa expiry date.

This is my opinion not legal advice.

[kabkaba]

Technically, it should be according to the petition expiry. But recently I have heard many people getting it according to Visa expiry.

[gtuteja297]

Thanks guys for the quick response.....

Is there a way we can inquire about this from CBP, is there a way to know if the rule got changed?

[raghvi]

Thanks guys for the quick response.....

Is there a way we can inquire about this from CBP, is there a way to know if the rule got changed?

There is no rule around it. Its at the discretion of the officer at the POE. If they so wish they can give an I-94 not matching either petition or visa or passport expiry any of these its totally upto them

This is my opinion not legal advice.