H1b transfer & stamping

[Chetandarji]

Hi,

My new employer has applied to USCIS for H1b transfer. My visa with previous employer expires in december 2014. If it gets approved, then do i need to fly to india for stamping? Going through so many immigration related websites I found that I need not visit India to get my visa stamped immediately after transfer. But is it fine if I visit india after my previous visa expires? I mean, can I fly to india after december 2014 and still maintaining my status? Please advise.

Thanks,
Chetan

[raghvi]

Hi,

My new employer has applied to USCIS for H1b transfer. My visa with previous employer expires in december 2014. If it gets approved, then do i need to fly to india for stamping? Going through so many immigration related websites I found that I need not visit India to get my visa stamped immediately after transfer. But is it fine if I visit india after my previous visa expires? I mean, can I fly to india after december 2014 and still maintaining my status? Please advise.

Thanks,
Chetan

No you dont need to. Visa is required only to enter US what you need to stay in US is a valid I-94. What you need to work is a valid approved petition. I-94, Visa, petition, status are different things. As long as you have an approved H1 petition, I-94 and are working and getting paid you are in status.

If you travel out of US after Dec 2014, you would need to go for stamping in order to be allowed re entry.

This is my opinion not legal advice.

[Chetandarji]

Thank you raghvi