H1B stamping while the current H1b expires and before the new

[DOL_0903]

Gurus,
Need your answer

I have an H1 which will expire in Dec and also have an extension which will be starting after the current one expires in mid dec

I need to visit india in nov and get stamped so that I can come back end of first week.

What happens to the new extension that I have ? Will it be valid ?

My HR is suggesting me to postpone the trip and come back with stamping using the new H1B.

Please advice ASAP, as I may have to reschedule my tickets and appointment

[cherupally]

I assume you have valid Visa also until Dec end. if that is the case, then you can go out of country in Nov and come back on your valid visa. And since you already have your H1 extension you should be fine...

[zamoo]

Lets say your current H1B - stamped in PP - is about to expire on Dec 15th, 2007. Your extnsion is valid from Dec 16th, 2007 to (say) Dec 15th, 2008.

First thing, if you leave US, make sure you give your old I-94 (with validity date of Dec 15th, 2007) to them at the airport. Not the one that is part of your extension I-765. The one with I-765 (lower part) has validity date that matches you extension validity.

Are you going to India just to stamp your extension ? If so, if you are granted the visa extension, there will be a new stamp in your PP with validity date until your extension's validity (Dec 15th, 2008 in this example). When this visa is stamped, they cancel the previous one with a remark "Cancelled without Prejudice". Now, when you enter US back - even before Dec 15th, 1007 - your I-94 will have validity date of Dec 15th, 2008.

If you do not get your extension stamped in India and come back BEFORE Dec 15th, 2007 (you will have to come back before that date), your new I-94 will still have validity date as Dec 15th, 2007 because that is what you have in stamp for in your PP. In this case, the extension you have is still valid. Nothing happens to that. Just that after Dec 15ht, 2007, your proof of legal stay in US is your extension and the I-94 that you received with it.

Did I make that complicated ? Hope not...if yes, I'll try again...

[DOL_0903]

Thanks for the reply

I would go for restamping with current H1b (valid till mid Dec 07). In the appointment I would have use the current H1b approval, as the new one will not be valid till mid Dec 2007 and I need to come back end of November 2007

My questions are as following

1. How do I get visa stamping till the end of the new H1B? Do I need to show the current as well as the new extension?

2. On the extension , I have the I94 is lets say number is ABC. When i come back the 194 would be another number (say DEF) .As per my HR, the H1B approval and the 194 on the H1B extension should be 'related'. If not the new H1B approval would be invalidated. Can someone confirm this theory??? It has been an issue with many I guess...so kindly shed some knowledge

Thanks in advance

[waitin_toolong]

you will be fine, when you reenter just present the new I-797 and make sure that the I-94 is stamped upto the date on new I-797, they are required to do that but sometimes dont, politely ask to speak to a supervisor if they dont.

YOur new I-94 will be the one that will matter, if it says Dec 2007 then thats what it will be, the older I-94 (you got with extension) ceases to exist the day you leave the country.

If any dependents on H1 are travelling with you, their I-94 should be stamped the same as yours.

This is assuming you will be back prior to the expiry of current stamp.

But you can try to get a stamp as you are allowed to in this case.

[h1bnogc]

Originally Posted by DOL_0903

Gurus,
Need your answer

I have an H1 which will expire in Dec and also have an extension which will be starting after the current one expires in mid dec

I need to visit india in nov and get stamped so that I can come back end of first week.

What happens to the new extension that I have ? Will it be valid ?

My HR is suggesting me to postpone the trip and come back with stamping using the new H1B.

Please advice ASAP, as I may have to reschedule my tickets and appointment

DOL_090: Could you please share your experience at POE? thanks

[regacct]

h1BNoGC, you have raised many questions on H1B - can you briefly explain your situation in one thread?