Visa stamping based on petitions

[tijuserupgan]

I have a new extended i 797 petition until march 2012 and my passport is due for visa stamping (since the last visa stamp expires on Oct 2010)
I am thinking of taking up a contracting job, wherein my new employer will file for a new h1b petition.This h1b petition may not get a petition validity until march 2010, lets say it gets a validity until Aug 2011 based on the projects available at the new employer. So now I will have 2 petitions one valid until march 2012 and one until Aug 2011.
Q1 . When I go for Visa stamping, Can I still use my 797 which is valid until march 2012 , so that i get a visa stamp until march 2012.?
Q2.If I get a visa stamp based on this (until march 2012), and in the meantime my old employer cancels my h1b, is this march 2012 visa stamp validity VALID anymore?. i.e can I stay in the US until March 2012 based on the visa stamp, even though the new -797 says only Aug 2011.?
Q3 Can I travel overseas on this new Petition (valid until AUg 2011) and the visa stamp (march 2012)?.
Q4. cAN I get the visa stamped in mexico or canada, insted of my home country?

[Subramanya]

I have a new extended i 797 petition until march 2012 and my passport is due for visa stamping (since the last visa stamp expires on Oct 2010)
I am thinking of taking up a contracting job, wherein my new employer will file for a new h1b petition.This h1b petition may not get a petition validity until march 2010, lets say it gets a validity until Aug 2011 based on the projects available at the new employer. So now I will have 2 petitions one valid until march 2012 and one until Aug 2011.

Q1 . When I go for Visa stamping, Can I still use my 797 which is valid until march 2012 , so that i get a visa stamp until march 2012.?

---- When you go visa stamping and produce the I-797 for a company, you have to work for that company when you come to the US. Since I-94 will be issued for that company at the POE. You cannot work for the new company

Q2.If I get a visa stamp based on this (until march 2012), and in the meantime my old employer cancels my h1b, is this march 2012 visa stamp validity VALID anymore?. i.e can I stay in the US until March 2012 based on the visa stamp, even though the new -797 says only Aug 2011.?

---- As above. You may stay in the US bsaed on your I-94 but if you want to work for the new employer you should have your H1 validated for that company by a H1 transfer and getting a I-94 for that company

Q3 Can I travel overseas on this new Petition (valid until AUg 2011) and the visa stamp (march 2012)?.

---- You can travel with the visa stamp, but as above if you want to work for the new company you have get it transferred and get a I-94 for that company


Q4. cAN I get the visa stamped in mexico or canada, insted of my home country?

---- You can always try and go to Mexico/Canaada to get the visa stamp but be prepared if there is any setbacks as you will not be able to return to the US at that time

---- In summary when a new employer applies for a H1 it will essentially be a H1 transfer and thus you will normally get a I-94 attached to the I-797. From that time onwards you will have 2 H1's and you have to choose with whom you want to work. If you choose the second employer, the I-94 that comes with the petition ofr that employer will get activated adn your status in the US is determiened by that I-94

---- whfn you go for a visa stamping it becomes your chice as to which I-797 you want to present to the VO. Accordingly you will be given the visa

---- Do not try to play around with visas and I-94's as you may land up in trouble for not representing yourself properly and will be subjec to penalties and other rulings

Subramanya

[tijuserupgan]

Thanks, but one clarification

Thanks a bunch Subramania, but i guess i need one small clarification.

So consider this case, I get my visa stamped on my passport based on my I-94 valid until 2012, but I come to the US , and the new H1 petition says 2011.
So validity of passport visa stamp (2012) > new petition validity (2011).
and now if i work for the new company (2011 validity), but based on my visa stamp on the passport (2012), can I stay in the US until 2012?

I know I will have to get the visa stamped for the new employer when i goto my home country, but until then can I stay in US based on the old VISA stamp (2012), and not the new I-94..

Thanks
Tijus

[Subramanya]

Thanks a bunch Subramania, but i guess i need one small clarification.

So consider this case, I get my visa stamped on my passport based on my I-94 valid until 2012, but I come to the US , and the new H1 petition says 2011.
So validity of passport visa stamp (2012) > new petition validity (2011).
and now if i work for the new company (2011 validity), but based on my visa stamp on the passport (2012), can I stay in the US until 2012?

---- If you come to the US with a visa validity till 2012, you cannot work for the company where you have a H1 petition validity till Aug 2011. This is because you will get a I-94 at the POE for your visa for the H1 petition valid till Aug 2012

----- If you want to work for the H1 petition valid till Aug 2011, youmust get your H1 transferred to that company. although you can stay till Aug 2012 as you have a visa till 2012. Without this transfer you will not be able to work

I know I will have to get the visa stamped for the new employer when i goto my home country, but until then can I stay in US based on the old VISA stamp (2012), and not the new I-94.

----- Getting a visa stamped for this new company (Aug 20110) IS A DIFFERENT MATTER ALTOGETHER

Subramanya