When I have an unexpired h1 stamping in my passport,do i have to visit India for stamping again if I file H1B transfer via Consular Process in US?

[Mr.Rao]

Sorry for the confusion I caused here Jairichi.

 

Re iterating the story:

 

1. Company A - Have stamping valid from Oct 2012 to Sep 2015 - Resigned October 2013- Not Revoked.

 

2. Company B - i797 valid from Nov 2013 to Nov 2016 - Laid off on 5th March 2014 - Petition Revoked.

 

3. Company C - Filed petition by 9th April 2014 - Got RFE asking for my pay slip and the attorney changed the case to consular - Got Approved on June 19th - Received i797 with i94.

 

4. Company D - Filed petition in consular on 19th and got approved on 27th - YET to receive the i797.

 

In the above scenario, I would like to know, since Company C's petition is approved with i94 am I am back to valid status? or does it require me to start working for the company C and get the payroll started to come back to status?

[Mr.Rao]

Apart from the above question, I have the below two questions as well. Please bare with me and help me out.

 

I received the approval notice for company D.  Since the petition is a consular, there is no i94 in the approval notice for company D and the consulate notified in it is Vancouver, Canada and the validity starts from 07/07/2014.

 

a. I know even though its consular processing since I have a valid stamping, I can just exit and re enter without going to the consulate. But my question is, since the stamping I have is from Chennai, India and the consulate mentioned in the i797 is Vancouver, Canada will that be a problem while I re enter?

 

b. Since the validity of i797 starts from 07/07/2014, how soon I can exit and re enter? ( I am in the US currently). Can I exit and enter even now or will I be allowed only post 07/07/2014?

 

Thank you in advance Jairichi.

[jairichi]

Sorry for the confusion I caused here Jairichi.

 

Re iterating the story:

 

1. Company A - Have stamping valid from Oct 2012 to Sep 2015 - Resigned October 2013- Not Revoked.

 

2. Company B - i797 valid from Nov 2013 to Nov 2016 - Laid off on 5th March 2014 - Petition Revoked.

 

3. Company C - Filed petition by 9th April 2014 - Got RFE asking for my pay slip and the attorney changed the case to consular - Got Approved on June 19th - Received i797 with i94.

 

4. Company D - Filed petition in consular on 19th and got approved on 27th - YET to receive the i797.

 

In the above scenario, I would like to know, since Company C's petition is approved with i94 am I am back to valid status? or does it require me to start working for the company C and get the payroll started to come back to status?

There is a possibility that I797 with I94 would have ben approved in error by USCIS. Better to exit & enter US with valid H1B visa and I797.

[jairichi]

Apart from the above question, I have the below two questions as well. Please bare with me and help me out.

 

I received the approval notice for company D.  Since the petition is a consular, there is no i94 in the approval notice for company D and the consulate notified in it is Vancouver, Canada and the validity starts from 07/07/2014.

 

a. I know even though its consular processing since I have a valid stamping, I can just exit and re enter without going to the consulate. But my question is, since the stamping I have is from Chennai, India and the consulate mentioned in the i797 is Vancouver, Canada will that be a problem while I re enter?

 

b. Since the validity of i797 starts from 07/07/2014, how soon I can exit and re enter? ( I am in the US currently). Can I exit and enter even now or will I be allowed only post 07/07/2014?

 

Thank you in advance Jairichi.

a. No issues.

b. Yes, you can travel right now.

[Mr.Rao]

Thank you Jairichi.

[Mr.Rao]

All is well.

 

I got my consular H1 petition approved for company D with a validity till 2017. With the notice I traveled out of US(traveled to Mexico as they allow you with H1 stamp in your passport) and re entered with existing H1 stamp and new i797 approval. At the port of entry I got new i94 stamped in my passport and the same is reflecting online.

 

I really thank you Jairichi for the timely response and explaining the true facts and outcomes. Your responses and guidance gave me hope at many junctures.

 

Thank you JoeF.