Valid H1B Stamp on Expired Passport but got Extended I797

[ktausahmed]

On my passport, I have H1B Visa Stamped till February 2014.

I have entered into USA in September 2011.

My Passport got expired in June 2012 due to which my I-94 also got expired in June 2012.

I have got my Passport and H1B extension done and have got new I797 extended till April 2015.

Now, on my expired Passport, I have Valid H1B Visa Stamp till February 2014 and but also got extended I797 till April 2015.

Now, in month of December 2012, I am going to India for Vacation of 3 weeks.

My questions are as follows:

1) Do I need to go through H1B Stamping process in India into US Consulate?

2) In my case, isn't my new Passport should have new H1B Visa Stamp till 2015 (as per new I797)?

3) Definitely, I want to enjoy extended Validity of my new I797. So, what is Allowed and Suggested by Laws and Rules?

4) Also, my dependants (Wife and Daughter) have Valid H1B Stamp on their Valid Passport till February 014. What would happen to their H1B Visa Stamp?

Need Urgent feedback of you guys.

Thanks

-ktausahmed

[SameerH1Bworker]

1) Do I need to go through H1B Stamping process in India into US Consulate?

- No, you do not need new passport. Bring both passport while coming back to US. If you've Indian passport then you might have stamp on first page of old passport that says something like "Passport cancelled but all visa are valid. New passport number #------- issued"

2) In my case, isn't my new Passport should have new H1B Visa Stamp till 2015 (as per new I797)?

- At POE, show your latest I-797 and make sure I-94 date is same as latest i-797 EXPIRY DATE somewhere in 2015 in your case. If it is not then right away asked visa officer about it. DO NOT LEAVE IO COUNTER WITHOUT CHECKING I-94 dates.

3) Definitely, I want to enjoy extended Validity of my new I797. So, what is Allowed and Suggested by Laws and Rules?

- Check above answer.

4) Also, my dependants (Wife and Daughter) have Valid H1B Stamp on their Valid Passport till February 014. What would happen to their H1B Visa Stamp?

- They should all get same I-94 date as you've unless their passport expiry is before that date.

[krialta]

1) Visa is just a entry document. As you have valid visa, stamping is not required in your case. Just show your new I797 at POE to get I94 typically till end of your petition (April 2015).

2) There is no such rule. You need to carry your new and old passports together, present both of them at POE along with new I797.

3) < Response to 1 answers this one >

4) Was it H4 and not H1 for your dependents? Their existing visa and your new petition is good enough for them to travel as well.

[chtummala]

1 no . you need to carry both passports old and new

2 no

3 you are fine ..

4 nothing ..