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  • H1 Visa Transfer + visa stamping

    My H1 is with employer A and I have an offer from employer B who are filing for an H1 transfer in April 2012.
    My H1 stamp on passport is expiring in Jan 2013. but i 797A with employer A is valid until Sep 2013.

    If I intend to travel back to India and return in dec 2012, do I have to go for a stamp renewal?

    and if I don't , will I have problems at the immigration counter in US?

    One important point:

    My I94 is based on my visa expiration date Jan 2013. Will the immigration officer allow me back into the US in Dec 2012 ?
    Last edited by mvm111; 04-08-2012, 04:58 PM.

  • #2
    You can return back as long as the H1B visa and the petition remains valid. You will have to work for the employer whose approval notice is shown at the POE to get an I-94. You can use the visa from the old employer to return back in combination with the new employer's petition. You should return all the I-94's when you leave the country. The I-94 will be usually issued until the petition expiry date unless the passport is expiring within 1 year.
    Not a legal advice. Use of this information is strictly at your own risk.

    Comment


    • #3
      Thanks Shervin143!

      However, on my return to US in Dec 2012 what if I receive an I94 with DOE as jan 2013?
      Would I then have to file for an i94 extension immediately?

      Comment


      • #4
        Yes. Usually the I-94 will be issued till the petition expiry date. Only in rare case depending on the officer, the I-94 will be issued till the visa expiry date. Like mentioned in the previous reply, your passport should remain valid for more than a year to be on the safer side.

        Originally posted by mvm111 View Post
        Thanks Shervin143!

        However, on my return to US in Dec 2012 what if I receive an I94 with DOE as jan 2013?
        Would I then have to file for an i94 extension immediately?
        Not a legal advice. Use of this information is strictly at your own risk.

        Comment


        • #5
          H1B stamping rejected after 221g,can I transfer it to new employer

          Hi,Need help.
          H1B stamping denied,can I transfer this petition to a new employer and go far visa stamping.I am in India currently.Pls advise.

          Comment


          • #6
            Yes.

            Originally posted by aks131 View Post
            Hi,Need help.
            H1B stamping denied,can I transfer this petition to a new employer and go far visa stamping.I am in India currently.Pls advise.
            Not a legal advice. Use of this information is strictly at your own risk.

            Comment

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