I have specific h1b restamping questions

[stallino]

Hi,

1. Expiry date on my passport stamp and I94 is September 2009
2. Expiry date on I797 is December 2010. This is second employer since I came here.

I am planning to go Canada for re-stamping this May, Can I get it stamped earlier than expiry date? I'm frustrated enough to read FAQs on USCIS so I might just ask here, if consulate decides not to re-stamp it for some reason can I come back US?

What is the visa limit for me September 2009 or December 2010?

Will appreciate any info. Thanks!

[arajesh19]

Hi,

1. Expiry date on my passport stamp and I94 is September 2009
2. Expiry date on I797 is December 2010. This is second employer since I came here.

I am planning to go Canada for re-stamping this May, Can I get it stamped earlier than expiry date? I'm frustrated enough to read FAQs on USCIS so I might just ask here, if consulate decides not to re-stamp it for some reason can I come back US?

What is the visa limit for me September 2009 or December 2010?

Will appreciate any info. Thanks!

--- You can get a visa stamp from your current employer prior to the expiry of the passport stamp. If the visa is approved, then the existing stamp on your passport will bear "Canceled Without Prejudice". If you are planning a trip to Canada for the visa stamping then the start date of the visa stamp would be the day the visa gets approved and the expiry date would be XX-Dec-2010 (the date on the I-797 from your current employer).

If your visa is rejected, then you still might have a chance to come back to the US based on your existing stamp and I-797 from your current employer. Just that at the POE you will get a new I-94 bearing the end date of your current petition.

Thanks
Rajesh

[stallino]

Thanks Rajesh, That helps.