New I-797 with old valid visa stamp

[Adimmigrant]

Employer A: Visa stamped until 09/19

Current Employer B: I-797 expired 12/21/2017. Extension filed and pending

Potential Employer C: Transfer approved with message - 

Ending validity date 10/01/2019

Consulate notified (if applicable): NEW DELHI

I-94#: 190XXXXXX (same as current I-94).

 

Question 1: Do I have to setup a visa appointment in Delhi for another stamping? 

Question 2: Can I go to home country (Delhi, India) and enter back US with latest I-797 (employer C) and current valid visa stamp (employer A)?

Appreciate the response!! 

[care_candidate]

Adimmigrant, 

How is it possible that you first employer visa is still active till 09/19 and current I-797 expired before that? Did you not get full term I-797? And you have filed for extension with current employer and looking for changing employer. What is transfer approved mean?

Your questions are not clear. You need to specify what exactly is going on such as what employer are you working currently, whys is there discrepancy in dates (above), why are you changing to employer C?

[Adimmigrant]

First employer: visa stamped until 09/19. Left job on 05/17

Second employer (current employer): job started 06/17. They filed for visa transfer until 12/17 which was approved I-797. Job extended and they filed for extension which is pending (as of today but I am employed with them on receipt notice)

Third employer (new offer): they filed for visa transfer, approved with the message shown below-

Ending validity date 10/01/2019

Consulate notified (if applicable): NEW DELHI

I-94#: 190XXXXXX

 I want to work for third employer now and wondering if I have to go for stamping before I can start because they have mentioned 'consulate notified'

Question: Do I need to go for stamping in home country or just need to exit and re-enter the US?

[Adimmigrant]

4 hours ago, care_candidate said:

Adimmigrant, 

How is it possible that you first employer visa is still active till 09/19 and current I-797 expired before that? Did you not get full term I-797? And you have filed for extension with current employer and looking for changing employer. What is transfer approved mean?

Your questions are not clear. You need to specify what exactly is going on such as what employer are you working currently, whys is there discrepancy in dates (above), why are you changing to employer C?

First employer: visa stamped until 09/19. Left job on 05/17

Second employer (current employer): job started 06/17. They filed for visa transfer until 12/17 which was approved I-797. Job extended and they filed for extension which is pending (as of today but I am employed with them on receipt notice)

Third employer (new offer): they filed for visa transfer, approved with the message shown below-

Ending validity date 10/01/2019

Consulate notified (if applicable): NEW DELHI

I-94#: 190XXXXXX

 I want to work for third employer now and wondering if I have to go for stamping before I can start because they have mentioned 'consulate notified'

Question: Do I need to go for stamping in home country or just need to exit and re-enter the US?

[care_candidate]

Yes. But that is only if you want to travel outside US. If you stay within the country until expiration of latest I-797, there is no need for stamping.

[ashukla]

17 hours ago, Adimmigrant said:

First employer: visa stamped until 09/19. Left job on 05/17

Second employer (current employer): job started 06/17. They filed for visa transfer until 12/17 which was approved I-797. Job extended and they filed for extension which is pending (as of today but I am employed with them on receipt notice)

Third employer (new offer): they filed for visa transfer, approved with the message shown below-

Ending validity date 10/01/2019

Consulate notified (if applicable): NEW DELHI

I-94#: 190XXXXXX

 I want to work for third employer now and wondering if I have to go for stamping before I can start because they have mentioned 'consulate notified'

Question: Do I need to go for stamping in home country or just need to exit and re-enter the US? No

As long as you have valid visa regardless of on which employer you got it & valid I797 (approved with expiration date in future) you are not required to go for stamping.  Surprisingly if you are in USA while you move to your current employer you should not be having this consulate notified thing on your petition as it only required if beneficiary is out of USA during the approval, still I do not see any big issue with this.

Answer to your concern you do not need any fresh stamping till existing one is valid.  

[Adimmigrant]

2 hours ago, ashukla said:

As long as you have valid visa regardless of on which employer you got it & valid I797 (approved with expiration date in future) you are not required to go for stamping.  Surprisingly if you are in USA while you move to your current employer you should not be having this consulate notified thing on your petition as it only required if beneficiary is out of USA during the approval, still I do not see any big issue with this.

Answer to your concern you do not need any fresh stamping till existing one is valid.  

Thanks, Ashukla,

Will your response be the same if my latest I-797 (for new employer) is received without I-94 attached to it?

I have only received the message and waiting on the document, hence the question.

[ashukla]

On ‎3‎/‎16‎/‎2018 at 11:27 AM, Adimmigrant said:

Thanks, Ashukla,

Will your response be the same if my latest I-797 (for new employer) is received without I-94 attached to it?

I have only received the message and waiting on the document, hence the question.

Yes, you will get the new I94 while you come back at POE. Your visa stamp is no where related to I94.

[Adimmigrant]

On ‎3‎/‎19‎/‎2018 at 5:38 AM, ashukla said:

Yes, you will get the new I94 while you come back at POE. Your visa stamp is no where related to I94.

Updates: I received the I-797C today. It says approval notice. Valid till 10/01/2019. Consulate: New Delhi. No I-94 attached.

My passport has H1b stamped from previous employer. Valid until 09/01/2019

Do I need new stamping to start working for the new employer? Or, I just need to re-enter US for new I-94?

Pardon the multiple updates, want to make sure I don't get stuck at the airport.

[Adimmigrant]

Updates: I received the I-797C today. It says approval notice. Valid till 10/01/2019. Consulate: New Delhi. No I-94 attached.

My passport has H1b stamped from previous employer. Valid until 09/01/2019

Do I need new stamping to start working for the new employer? Or, I just need to re-enter US for new I-94?

Pardon the multiple updates, want to make sure I don't get stuck at the airport.

[Adimmigrant]

Correction: received I-797B

[ashukla]

21 hours ago, Adimmigrant said:

Updates: I received the I-797C today. It says approval notice. Valid till 10/01/2019. Consulate: New Delhi. No I-94 attached.

My passport has H1b stamped from previous employer. Valid until 09/01/2019

Do I need new stamping to start working for the new employer? Or, I just need to re-enter US for new I-94?

Pardon the multiple updates, want to make sure I don't get stuck at the airport.

Just exit and enter the country you will get your new I 94, no need to go for visa stamping till your existing one is valid. Don't stress much about it. For sake of surety pay fees to an immigration attorney to consult and most likely you will have the same answer in much more legal language. :)

if you are really desperate to try your luck at any consulate for stamping then you will have a warm welcome from VO and will come to know what is destiny store for you.