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Immigration Issues/Travel to India on Old H1 stamp


Thanks for the great advices you have been giving via this forum. Really appreciate your work and advice.I am aware that these advices can not be taken as a professional advice but it does help me to a great extent to take the correct decision and next steps.

I had a query regarding my travel to India, I have been getting different responses from the people I have spoken to hence wanted to get some clarifications from you on my issue.

Here is my case:

   * I have been in the US for the past 1 year on a H1-B
   * I came to the US through company A on 29-SEP-2007 and have a visa stamp in my passport that expires on 30-SEP-2009.
   * I quit company A on 19-May-2007 and joined company B with a H1 transfer which expires on 20-MAY-2010
   * Company A has reported to the INS that I have quit my position with them and am no longer on their H1.

The question is if I travel to India now in the month of November would I need to go get my stamping done at the US consulate in India with my new H1 visa papers or is it possible for me to travel back to US after 2 weeks using the same H1 stamp I have in my passport and show the new H1 visa papers at the port of entry.

To complicate this further, now I have also applied for another H1 transfer to company C. I haven't received the receipt yet and should be receiving it by Nov 1st week. I have applied for a regular processing through company C. I plan to resign from Company B in the month of December after my travel plans.

Now with all this scenarios, can i travel to India in the month of November from Nov 22nd to Dec 16th.
Company B would be giving me letters to carry with me for my return back into the US.

Would this travel be a problem considering the fact that I have put for a H1 transfer which might get approved in the month of Jan/Feb.

Thanks and eagerly forward for your advice.

You can re-enter on the visa obtained through company A. And since you will continue to work for B after you return this should also be OK. I would suggest that you take documentation of your Company A approval notice and the other approvals with you.
Ramasamy Krishnan

Immigration Issues

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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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