H1B Visa Restamping


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Hi Experts,


I got my Visa on Sep 2013 and it was valid till Sep 2014. I travelled on Dec 2013 and staying in US till today 12/2015. I had my H1B Extension approved and my new I94 and I797 petition is valid till Dec2016. I have planned for my vacation to India 2 months back to go on Jan 2016 end.Now my project is about to end in Jan 2016. But I would like to continue in US

Please clarify my below query,

1. My current employer doesnt have any projects. So if I apply for H1B transfer through new employer, then when I return from India, I should have a valid Visa stamped for which I would need last 2 months pay check which I would not be having with the new employer. So please clarify is it possible to have my visa stamped?


2. If I dont chose to transfer and go to India for vacation, will it be possible for my current employer to apply for visa without client letter? If so, I can apply and travel through that. Please clarify whether a client letter is required for restamping with current employer.


3. Am I eligible for cap exempt for all above scenario and even if my current I797 expires?


4. Whats the processing time for the above scenarios, if not premium.

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