Travelling out of country with old H1B

[nani4rstamping]

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 and got approved for three years which will expire in June,2013. I also had stamping on this visa which is valid until June,2013. If i apply for the extension thru Premium processing in Feb and hopefully assume it approves and i get extension for it for another 3 more years.

Now i'm planning to go to India in May,2013 for my Marriage and will be back in the country within 2 weeks which will be end of May

Now my questions are

1)I Should i go for stamping on my new I-797 since my current stamping which is valid until June,2013?

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 will be valid say till 2015 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?

Bottom line is i don't want to go for stamping again with newly approved I-797 and want to go with the already stamped visa.....but i want the I-94 to be associated with the newly approved I-797 at port of entry. How can i achieve this please help me out.

Thanks in advance!!

[pontevecchio]

Is getting the new visa a problem?

[luck2u]

@nani4rstamping:

Yes, you can reenter with old employer's visa in passport by showing new I-797 at port of entry so that you will get new I-94 as per the validity of new I-797.

[luck2u]

@nani4rstamping:

Yes, you can reenter with old employer's visa in passport by showing new I-797 at port of entry so that you will get new I-94 as per the validity of new I-797.

[cooldude76]

You cannot show an approved I797 at the port of entry.

If you want to enter US with the approved I797 you have to get it stamped at a US Consulate office via consular processing.

Best of luck.

[nani4rstamping]

@pontevecchio....getting a extension is not a problem ....and one more thing i will be applying extension with same employer with whom i am having my current visa....

[nani4rstamping]

cooldude76....Hi thanks for ur reply.....i am staying with the same employer....there is no employer changes in this process.....since i am having visa stamped on old H1B and it is valid till june,2013......i don't want to go again for the stamping instead what i am thinking is to leave US having approved I-797 extension in hand and come back during the validity of old visa in month of May.....and show extension I-797 at port of entry....can you please let me know what is wrong in this process.???

[nani4rstamping]

@luck2u....Hi thanks for your reply .....i am with same employer and the extension will also be filed with same employer .....no change in employers here.....my question is old visa which have stamping will expire June,2013 and if have extension filed before i leave US in May,2013 ....should i go again for stamping on extension or can i reenter with Old H1B?? if i can reenter how will be the I-94 date?

[luck2u]

If you want to file extension before leaving USA, make sure you got approval by that time. In that case YES, you can reenter to USA before the visa expiry date and can show the new I-797 for getting new I-94 as per new I-797 validity. Hope this info helps!!

[cooldude76]

If you are re-entering US before the validity of your current stamaped visa then I dont see any issue.

But then no need to show the approved I797, I would show it only if the officer asks me at the port of enrty.