Travelling to India after H1-B Transfer


veerakumarvuppu

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Hi,

I really need some assistance with regards to my travel out of country after H1-B transfer

In 2009 i've applied for my H1-B with Company-A and got approved for three years. I also had stamping the same year which is valid until 09/30/2012. In March of this year (2011) i've transferred to company-B and my transfer got approved with I-797 for another 3 more years which is valid till 02/07/2014.

Now i'm planning to go to India on 01/01/2012 and will be back in the country on 01/23/2012.

Now my questions are

1) Should i go for stamping since my current stamping which is valid until 09/30/2012 is with my Previous employer (Company-A)

2) If stamping not required, will i have any issues at the port of entry?

3) Without going for visa can i show my new I-797 which is valid until 02/07/2014 at the port of entry and have that date on I-94 without any problems? Will the personnel at the Port of entry object this?

4) Are you aware of anyone in this scenario being objected at Port of entry?

Thanks in advance!!

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Hi, first of all i really appreciate your quick response.

Everything is clear from your answers except the 3rd one.

for my 3rd questions "Without going for visa can i show my new I-797 which is valid until 02/07/2014 at the port of entry and have that date on I-94 without any problems? Will the personnel at the Port of entry object this?" you answered "No, shouldn't be any issue". Does that mean I can show my new I-797 which is valid until 02/07/2014 and have that date on I-94 even though the visa on my passport (previous employer) expires on 09/30/2012.

Sorry for repeating the same questions. Just wanted to confirm.

Once again thanks a ton for your help!

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1) Should i go for stamping since my current stamping which is valid until 09/30/2012 is with my Previous employer (Company-A)

--- No, not required, you can use the old employer visa.

2) If stamping not required, will i have any issues at the port of entry?

-- No, just show them New approved I797.

3) Without going for visa can i show my new I-797 which is valid until 02/07/2014 at the port of entry and have that date on I-94 without any problems? Will the personnel at the Port of entry object this?

-- No.

I just came back from a India trip 2weeks ago using the Old employer Visa (Valid till 09/30/2012) and new employer approved petition Valid till 07/24/2014. The Immigration officer did took me to the immigration office and asked me to wait. he went inside with passport and new Petition, came back within 10mins and gave me an I94 date based new petiton date. There were no questions at all.

4) Are you aware of anyone in this scenario being objected at Port of entry?

No.

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