H1B Renewal

[nnk4006]

Hello:

I am on H1B visa and my visa stamp expired in 2008. My visa was renewed, but it will also expire in April 2011. I did not travel outside US in that time period, so I do not have a valid visa stamp in my passport. I have filed for a renewal based on approved I-140 and should receive the new I-797. I am planning to go to India in December and return mid January. My questions are:

1. Should I get the visa stamped for the old I-797 (expiring April 2011) or new I-797 (April 2014)?

2. If I apply using new I-797, can I enter the US in mid January, and will I be able to work with the company? Will my stamping on new visa deactivate the old visa making me ineligible to continue working?

3. If I apply using old I-797, should I surrender the I-94 that came with the new I-797? In that case, my I-94 that I receive at port of entry will only be valid until April 2011. How do I get that extended to April 2014?

Any help in this matter is greatly appreciated.

Thanks.

[Subramanya]

I am on H1B visa and my visa stamp expired in 2008. My visa was renewed, but it will also expire in April 2011. I did not travel outside US in that time period, so I do not have a valid visa stamp in my passport. I have filed for a renewal based on approved I-140 and should receive the new I-797. I am planning to go to India in December and return mid January. My questions are:

1. Should I get the visa stamped for the old I-797 (expiring April 2011) or new I-797 (April 2014)?

---- How can you receive a I-797 taht will e valid till 2014, even if your I-140 has been approved. You will receive a I-797 only till 2013 if you have renewed your H1 with the same employer

2. If I apply using new I-797, can I enter the US in mid January, and will I be able to work with the company? Will my stamping on new visa deactivate the old visa making me ineligible to continue working?

---- If you go for a visa stamping, you will receive a new visa stamp on your Passport and your old visa will be canncelled without prejucice (CWOP) stamp on your Passport. And frrom now on your new visa will be active and you will enter US with that new visa to aget a I-94 for that visa

3. If I apply using old I-797, should I surrender the I-94 that came with the new I-797? In that case, my I-94 that I receive at port of entry will only be valid until April 2011. How do I get that extended to April 2014?

---- When you go out of US, you will be submitting the all the I-94's that you have in your possession to the airport/airline authoriteis at the POD. When you return to the US, you will get a new I-94 based on the visa stamp that you have on your Passport

---- A H1 visa is different from a H1 petition and do not try and link both of them. A visa is to enter the US and I-94 allow you to reside in the US for the employer whom you will be working with

---- A H1 petition is proof that you can work with an employer

Subramanya

[nnk4006]

Thanks

Thanks Subramanya.
Does that mean that the beginning date on the I-797 would be immediate and now what has been filed for?