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H1B and travel

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  • H1B and travel

    Hello Mr. Shah,

    I listen to your radio shows and I think they are very informative! Thanks for all the information you provide. I have a some questions for you and I will really appreciate your response -

    I got my first H-1B through Employer X in 2010 and I got a stamp in my passport in June 2011 and that stamp expires on 15 June 2013. However I was layed off from Company X in Dec 2011 and my H-1B was revoked in Jan 2012. But before that, I was employed by Employer Y but the transfer of H-1B did not happen. I had to change status from H-1B to H4. Then there was a query on the H-1B application submitted by Employer Y and I finally got my new H-1B approved in May, 2012 and I have been working with them since then. This new H-1B is valid from 4/24/2012 - 2/15/2015. I have a new I-797 with attached I-94. Now I plan to travel outside the US, for a two week trip to Europe in May 2013. Do I need to get my passport stamped with my new H-1B, outside the US or can I travel with the old stamp in my passport (valid until 15 June 2013) and use my current I-797 form with the I-94 card and employment letter to enter back into the US? Will I have any problem entering the country since I changed status from H-1B to H4 and H-1B but do not have a current stamp?
    Also last time I went to get my first H-1B stamped, I got a 221g and it took 5 weeks to get my visa. I have always been directly employed as a full-time employee for both the companies. Also if I change employer from Y to Z and my H-1B is transferred before the trip, can I still travel and come back to the US with the old stamp in my passport?

    Please advise me on this issue!

    I will really appreciate your help and I look forward to hear from you.

    Thanks a lot!

  • #2
    No you probably do not need the stamp as long as this one is valid. The change of status or falling out of status does not affect the stamp on the passport unless the H1B visa (stamp) is affirmatively revoked. If you want us to ****yze further, feel free to contact us at 510 742 5887 - Thank you for listening. Please pass this link to all your friends http://attorneyonair.com
    Shah Peerally is an attorney licensed in California practicing immigration law and debt settlement. He has featured as an expert legal ****yst for many TV networks such as NDTV, Times Now and Sitarree TV. Articles about Shah Peerally and his work have appeared on newspapers such as San Jose Mercury News, Oakland Tribune, US Fiji Times, Mauritius Le Quotidien, Movers & Shakers and other prominent international newspapers. His work has been commended by Congress women Nancy Pelosi and Barbara Lee. He has a weekly radio show on KLOK 1170AM and frequently participates in legal clinics in churches, temples and mosques.

    For updates follow us onYoutube, Radio, Facebook, Twitter and LinkedIn. Shah Peerally Law Group PC deals in immigration law - www.peerallylaw.com and www.immigrationlegalblog.com
    Attorney Shah Peerally also deals in debt settlement. For more information call us on 510.742.5887 and visit us on www.YourDebtSettlementAttorney.com.
    Information provided above is for educational purposes only. One should not act or refrain to act solely based on the information provided. You should consult an attorney to assess your case before proceeding.

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    • #3
      Thanks for sharing such an interesting stuff. This is very best place to discuss all legal issues.
      ip attorneys

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