H1B Visa Stamping question with renewed H1B extension with start date 3 months away

[kosarasr]

Hi,

    I am currently working on H1B visa which is valid until 11/24/2013. I applied for extension for my H1B and it is approved from 11/25/2013 to 11/24/2016.

 

I am planning to go to India in Mid August and return in Mid September 2013. If i use my new H1B extension for my visa stamping, can i still come back  in Mid September, which is 2.5 months before my new extension validity?

 

Also, can I use both my existing I797 and new I797 at port of entry?

Or should I only use the new one - which starts about two and a half months away from my return date?

 

 

Appreciate your response.

 

 

 

 

[omshiv]

You do not need stamping...just show your new H1 petition at the POE.

[kosarasr]

Thanks Omshiv.  My situation as follows.

 

I came to USA with L1B Stamping and then changed to H1B later which has validity until NOv 2013. So my company extended my H1B petition for next 3 years ( based on I-140 approval).

 

So i do not have H1B stamping on my passport. So when i go to India, i am planning to get it stamped in Hyderabad.

 

My question is

1) For DS160, which petition i need to use? Current petition validity is until 24-Nov-2013. New H1B extension is valid from 25-Nov-2013 to 24-Nov-2016.

 

2) If i use new H1B extension for stamping, will my visa valid from 25-Nov-2013 only? Or i can use that to return back in 12-Sep-2013?

 

I am worried about my return travel at port of entry?

 

Thanks

Sridhar

[sthamago]

Thanks Omshiv.  My situation as follows.

 

I came to USA with L1B Stamping and then changed to H1B later which has validity until NOv 2013. So my company extended my H1B petition for next 3 years ( based on I-140 approval).

 

So i do not have H1B stamping on my passport. So when i go to India, i am planning to get it stamped in Hyderabad.

 

My question is

1) For DS160, which petition i need to use? Current petition validity is until 24-Nov-2013. New H1B extension is valid from 25-Nov-2013 to 24-Nov-2016.

 

2) If i use new H1B extension for stamping, will my visa valid from 25-Nov-2013 only? Or i can use that to return back in 12-Sep-2013?

 

I am worried about my return travel at port of entry?

 

Thanks

Sridhar

1) New

2) Yes Your Vis astamp doesnt have a start date it will have Issue Date and Expiry Date.

 

If your Visa is approved at POE carry old and new I 797. then you are good to go

[kosarasr]

Thanks Srikalyan for your reply.

[kosarasr]

Hi,

        I have one more question on the same aspect.

My existing petition number and new H1B Extension petition number are different.

Will that matter at Port Of Entry?

 

When i see any OLD visa stamping i see that visa page referenced to Petition Number.

So I am wondering what will happen when Immigration officer sees visa stamping which refers new H1B petition which is valid from 25-Nov-2013 on my I-797. 

 

I dont want to have a problem at POE so i wanted to know this.

 

Appreciate your help.

 

Thanks

Sridhar

[sthamago]

Hi,

        I have one more question on the same aspect.

My existing petition number and new H1B Extension petition number are different.

Will that matter at Port Of Entry?

 

When i see any OLD visa stamping i see that visa page referenced to Petition Number.

So I am wondering what will happen when Immigration officer sees visa stamping which refers new H1B petition which is valid from 25-Nov-2013 on my I-797. 

 

I dont want to have a problem at POE so i wanted to know this.

 

Appreciate your help.

 

Thanks

Sridhar

Its the same answer again Visa stamp has issue date and expiry date. Carry both I 797's with you to show at POE. Very rare chances at POE they might ask you to show the I 797 and you have them both.

[Albin]

Hi,

        I have one more question on the same aspect.

My existing petition number and new H1B Extension petition number are different.

Will that matter at Port Of Entry?

 

When i see any OLD visa stamping i see that visa page referenced to Petition Number.

So I am wondering what will happen when Immigration officer sees visa stamping which refers new H1B petition which is valid from 25-Nov-2013 on my I-797. 

 

I dont want to have a problem at POE so i wanted to know this.

 

Appreciate your help.

 

Thanks

Sridhar

Sridhar,

 

Which petition number (old or new) you used to fill your DS 160?

 

Did you faced any difficulties during your visa stamping with the new petition number?

 

I really appreciate for your reply.

 

Thanks,

Albin

[viv123451]

Hi,

 

I am in the similar situation. My current I-797 is valid till 11/18/2015.  I applied for my H1B extension and it got approved .

 

H1-B extension I-797 is valid from 11/19/2015 to 11/18/2018.

 

I have planned my India trip from 03-Sep-2015 to 27-Sep-2015. I am planning to go for visa stamping in India with new I-797.

 

I did not go for stamping with my first H1b approval which was valid from Nov-2012 to 11/18/2015. So basically I don have any visa stamp in my passport.

 

 

My concern here is once I get my visa stamped on my passport, will it be valid from september instead of november?

 

If not, I wont be able to return to US in Sept as planned.

 

 

Please let me know ASAP.

 

Thanks in advance.