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Immigration Issues/H1 B Transfer Question


Hi Sir

I have 2 Question, can you please help me.

MY CURRENT SITUATION: In my passport My H1B Visa is valid till Sept 2009 on Company A. In Jan 2008 I transferred my H1b to Company B and got New ( I-797 / H1 B ) till Jan 2011.

Question # 1: Can I travel to India in May 2009 on my old H1 B and re enter US with the Old H1 B which is valid till Sept 2009 Visa and at the port of entry can I show my new ( I-797 / H1 B ) and get new I 94 till Jan 2011?

Question # 2:  Is it must to get new stamping done in India as there will be less than 6 months left on visa which is stamped on my current passport?  Since I have a valid I 797 till Jan 2011, do you advise that I go in for stamping to my new company which I transferred last year and with which I am currently working with?

If you can help me in these answers I will be really grateful for your help and support. Thanks in advance.


Hitesh Arora  

You can reenter the US on your old H visa provided you do so before its expiry (Sept. 2009). It is your decision to apply for a new visa or not depending on your plans to visit India after Sept. 2009.

Ramasamy Krishnan

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Ramasamy Krishnan


Immigration particularly business immigration and National Interest Waivers.


I have over 7 years of experience in all facets of immigration law. Specifically focusing on filing of National Interest Waivers (NIW), Alien of Extraordinary Ability and Outstanding Researchers/Professors petitions for Ph.D's and other advanced degree professionals. I have also assisted clients in numerous PERM, H-1b, L and other nonimmigrant visa applications. I am a partner at the law firm Ashley & Krishnan,

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