H1B old stamp but new I797 approved based on i 140 in 7th year


milinddube

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Hello Sir,

 

I am in India right now. I was in USA since 2006 Dec.

 

I have my I 140 approved with employer A in Aug 2012 with my priority date as April 2012.

 

My H1b petition is revoked by Employer A on Sept 24 2013, But I have a valid Visa till Sept-2015 stamped for Employer A in Sept 2013 ( Before A revoking my H1B petition ). 

 

Now I have approved H1B petition from Employer B on the basis of my active I140 from Employer A.

But I do not have I 94 on Employer B's I797 approval notice. My H1B petition was filed under Consular notification ( since I am not in USA right now )

 

Questions :

 

1. Can I enter USA to work for employer B with my new H1B petition from Employer B and Valid H1 visa stamped on my passport ( till Sept 2015 ) with Employer A ?

2. Do I need to go for H1B stamping again in India to enter USA with employer B's new h1b petition approval ?

3. I have my dependents ( Wife and Son ) H4 stamps in the passport from employer A ( my daughter is a US citizen ). Do they also need to get new H4 petition from Employer B or they can travel back with my H1B petition approval ?

4. Why there is no I 94 on my H1B approval notice ?

5. What all qestions I would expect in my scenrio ?

 

My new employers attorney told us that we don't need a H1B visa stamping again in Mumbai here and we can enter with Valid H1b visa stamp and new H1b petition from Employer B.But I just need to doublecheck with some reputed attorney.

 

Please suggest as me and my family are travelling on 17th March.

 

Thanks

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Hello Sir,
 
I am in India right now. I was in USA since 2006 Dec.
 
I have my I 140 approved with employer A in Aug 2012 with my priority date as April 2012.
 
My H1b petition is revoked by Employer A on Sept 24 2013, But I have a valid Visa till Sept-2015 stamped for Employer A in Sept 2013 ( Before A revoking my H1B petition ). 
 
Now I have approved H1B petition from Employer B on the basis of my active I140 from Employer A.
But I do not have I 94 on Employer B's I797 approval notice. My H1B petition was filed under Consular notification ( since I am not in USA right now )
 
Questions :
 
1. Can I enter USA to work for employer B with my new H1B petition from Employer B and Valid H1 visa stamped on my passport ( till Sept 2015 ) with Employer A ?
2. Do I need to go for H1B stamping again in India to enter USA with employer B's new h1b petition approval ?
3. I have my dependents ( Wife and Son ) H4 stamps in the passport from employer A ( my daughter is a US citizen ). Do they also need to get new H4 petition from Employer B or they can travel back with my H1B petition approval ?
4. Why there is no I 94 on my H1B approval notice ?
5. What all qestions I would expect in my scenrio ?
 
My new employers attorney told us that we don't need a H1B visa stamping again in Mumbai here and we can enter with Valid H1b visa stamp and new H1b petition from Employer B.But I just need to doublecheck with some reputed attorney.
 
Please suggest as me and my family are travelling on 17th March.
 
Thanks

 

1. Yes.

2. No.

3. No visa stamping for your wife if her H4 visa is valid. Your son being an US citizen does not need anything other than his passport to enter US.

4. Because it was not approved as COS or EOS as the H1B petition was filed while you are in India. This is the way it works.

5. Any question.

 

Basically now you are double checking in a forum and not an attorney.

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1. Can I enter USA to work for employer B with my new H1B petition from Employer B and Valid H1 visa stamped on my passport ( till Sept 2015 ) with Employer A ?
2. Do I need to go for H1B stamping again in India to enter USA with employer B's new h1b petition approval ?
3. I have my dependents ( Wife and Son ) H4 stamps in the passport from employer A ( my daughter is a US citizen ). Do they also need to get new H4 petition from Employer B or they can travel back with my H1B petition approval ?
4. Why there is no I 94 on my H1B approval notice ?
5. What all qestions I would expect in my scenrio ?

1. Yes you can. All you need is a valid visa, 797 and employment letter

2. No need if your old H1 visa is still valid

4. Because you don't need I94 if you are not in US

5. Any question. Just answer them truthfully.

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1. Yes.

2. No.

3. No visa stamping for your wife if her H4 visa is valid. Your son being an US citizen does not need anything other than his passport to enter US.

4. Because it was not approved as COS or EOS as the H1B petition was filed while you are in India. This is the way it works.

5. Any question.

 

Basically now you are double checking in a forum and not an attorney.

 

 

Are you not an attorney ? 

 

Thanks.

 

 

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