Clarification Required URGENT - H1b Expiring Soon - Need to Go to India & Come Back

[maddyind]

Hi All,

My Initial H1b was with Employer A. Visa Valid till 30th Sept 2017.

Initiated Transfer to Employer B on 05th September 2016.

Transfer Request Approved and H1b Permit Extended till 30th August 2019.

Current Employer B, has also initiated GC Processing. PERM Certified. I 140 will be filed by July 2017.

Planning to go to Chennai - India, to attend my Dad's First Year Death Anniversary.

Travel Date: 20th August 2017 to 10th September 2017.

Planning to Return back to US on 10th September 2017.

Question:

1. Would there be any problems at the Port of Entry, if i come back to US without stamping with new employer's Work Permit?
2. Can I come back to the Country with my Previous Stamped Visa, which is expiring on 30th September 2017.

[h1bemployee4]

You cannot enter the US with your stamped visa with the previous employer _ I assume you have changed employer & have an approved I797 with the new employer. You need to get your new visa stamped before entering.
The port of entry is all random, but be ready for the worst.!

[maddyind]

You cannot enter the US with your stamped visa with the previous employer _ I assume you have changed employer & have an approved I797 with the new employer. You need to get your new visa stamped before entering.
The port of entry is all random, but be ready for the worst.!

Yes, I have the approved I797, which is valid till August 2019.

I am planning to submit my Passport through the VFS Drop Box in Chennai. Hoping that, i should have my Visa Stamped in a span of 5 Days.

Please guide me, wheather that is the correct option

[Sreesh]

1. As long as Visa is valid(Not Expired) you should be good though employer is changed.
2. You don't need stamping if you have valid visa stamping from old employer. At POE you will show VISA STAMPING (showing details of old employer). But you will show valid I 797 from new employer.
3. Last Year, I also did same thing. At POE show the New I-797 then date on I-94,will be based on latest I797.

When Comes to DropBox..you have mentioned that, it will be done in 5 days,but it is not true for sometimes.

Last month I went to Hyderabad and Done the Stamping through DropBox.
My dependents CEAC Status changed to Issued in 2 days, but my and my wife Visa status is showing as Admin processing for 10 Days. On 11 day I got a call from Consulate to give my FingerPrints as old FingerPrints are having some issue with System glitch.This is happening for most of Hyd Dropbox.
On 13th Day, CEAC Status changed to Issued and on 14th Day, I am able to collect the passports from VFS.
Better to have some buffer time before booking the return tickets.
happy journey.


Just an opinion; Not legal advice.

Hi All,

My Initial H1b was with Employer A. Visa Valid till 30th Sept 2017.

Initiated Transfer to Employer B on 05th September 2016.

Transfer Request Approved and H1b Permit Extended till 30th August 2019.

Current Employer B, has also initiated GC Processing. PERM Certified. I 140 will be filed by July 2017.

Planning to go to Chennai - India, to attend my Dad's First Year Death Anniversary.

Travel Date: 20th August 2017 to 10th September 2017.

Planning to Return back to US on 10th September 2017.

Question:

1. Would there be any problems at the Port of Entry, if i come back to US without stamping with new employer's Work Permit?
2. Can I come back to the Country with my Previous Stamped Visa, which is expiring on 30th September 2017.