H1B, new stamp vs new petition

[user8291]

ll,
I am in a very tricky situation and would appreciate any help.

I was in the US until recently and unfortunately accumulated one month of out of status. I had a valid VISA during this period. (My visa is valid until 2013). Now , my new employer in India wants me to go to US on a new project. My previous employer has revoked my petition. My new employer is willing to file a new petition.

My question is whether I should go for a new visa stamping on my passport? If I do go for a visa stamping, what are my chances?
Would it suffice If my new employer files a new petition on my behalf. In this case, I will continue to hold onto to an existing visa but with a new petition. Is this legal? Wouldn't my visa stamp be void, the moment my previous employer revoked my petition?

Would I run into any problems at port of entry? It will be great to know any thoughts on mitigating my risks.

[kabkaba]

You don't need a new Visa. You can use the same existing Visa and new employer's petition to travel to US. Your I-94 will be according to the petition expiry.

[user8291]

You don't need a new Visa. You can use the same existing Visa and new employer's petition to travel to US. Your I-94 will be according to the petition expiry.

@kabkaba, thanks a lot for your advice.

When my employer files for a new petition, I suspect a RFE because of being out of status for a month.Would you recommend going for stamping to mitigate any risks in future for a GC or being stranded in one the port of entries?



My employer and I are in India and I expect to travel pretty frequently, i.e every 2-3months. It will be great if you can advise me on this

Thanks in advance

[kabkaba]

@kabkaba, thanks a lot for your advice.

When my employer files for a new petition, I suspect a RFE because of being out of status for a month.Would you recommend going for stamping to mitigate any risks in future for a GC or being stranded in one the port of entries?
You are going to travel after RFE and approval, so how does it matter? You can use the same Visa. If you want to add one more step to the process, it is up to you.


My employer and I are in India and I expect to travel pretty frequently, i.e every 2-3months. It will be great if you can advise me on this

Thanks in advance

See above.

[user8291]

Thanks a lot mate. Truly appreciate your inputs