H1B transferred. Do i need to go for stamping if am out of country with an expired Visa

[mpatt]

Hi,

My H1b Visa (extension) got approved in June 2010 and has a Validity till Dec 2012.

I changed my employer in Feb 2011 and the new H1B or I-797 got approved (transferred) - our company lawyers being Murthy.com). Now I need to go to India for a personal vacation. I was wondering if i need to go to the consulate in Hyderabad/Chennai for the visa stamping?

Going through various forums, i see that it is "not necessary" for stamping for the new H1, since the existing Visa in my passport is valid for one more year (Dec 2012). But I want to check since this rules change frequently.

Also, given the string of 221g's for H1B Visa's, I am looking to avoid, if i can, going to a consulate.

Anyone with recent similar experiences or advise from murthy.com?

Thanks

M Patt

[pontevecchio]

The rules or interpretation made by USCIS in 1997 still stand. You are allowed to use the existing visa and the latest H1 approval.

[kuku82]

you can travel on existing visa. Do not male a mistake of going for new h1b stamping. They will cancel your existing visa and throw you in the trash of 221g. Better avoid it.

btwn Just a quick question. How much does a Murthy law firm charge you for New H1B petition?

[aboppana]

no need to get new Visa, you can still come back into US using the existing valid visa in your passport and new/current I-797.

[mpatt]

Thanks Pontevecchio,

In which case, all that i would need while returning is have employer letter and all the pay stub and ensure that I-94 is given based on the new I-797

[mpatt]

Thank Aboppana and kuku82. I did get a reply from an attorney that i dont need to get the stamping finally.

kuku82....i am not sure how much murthy charges, since it was my company that paid for it.