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  1. #1

    Default International Travel Shortly Before H1B Stamp Expires

    I'm working for Company B which is client of Company C. My H-1B is sponsored by Company C. I joined Company C in Dec'11 and my H-1B is valid till Nov'14.The H-1B visa stamp in my passport is of Company X that is valid till 4/19/2013. I had quit Company X on 04/24/11 and Joined Company Z on 04/25/11.Please note that I haven't been to India ever since I got my H-1B stamped from Company X in Mumbai Consulate on 12/3/2010.Now I need to make a trip to India for 1 month (i.e March'13). My question is-Since I have changed 2 companies since my last H1B Stamping, do I need to go to U.S Consulate for re-stamping since my H1B visa stamp is expiring on 04/19/2013? If not, will I be asked any question at port of entry when I re-enter U.S.A on 04/02/2013?OR just showing my new I-797 would suffice?

  2. #2
    Join Date
    Jan 2007
    Posts
    1,695

    Default Re: Trip to India in March'13 with H1b Visa Stamp Expirng in Apr'13

    Yes you can apply for entry with existing stamping and new documents. Admission is never guaranteed. But why would you not get a new stamping so that you are prepared for an unexpected trip after expiration date of your existing stamping since you will be in India for a month?

  3. #3

    Default Re: Trip to India in March'13 with H1b Visa Stamp Expirng in Apr'13

    Dear T53147,

    Thank you very much for your feedback. The only reason I don't want to make a trip to Mumbai consulate for re-stamping unless absolutely required is due to the fact that I have had my friends unexpectedly told my consulate officer to wait till their background check is complete which can take anywhere between 2 weeks to 2 months. My company specifically is not very supportive of these kind of situations so God frbid if I get into a situation like this, they will revoke my H1B, simply speaking, they don't care enough as this recessive market still has unemployed qualified Engineers ready to work on low wages as long as they have the job. I hope you understand what my concern is here.

  4. #4
    Join Date
    Jan 2007
    Posts
    1,695

    Default Re: Trip to India in March'13 with H1b Visa Stamp Expirng in Apr'13

    You may be in the same situation in the not too distant future. And, you need to stop listening to rumors. If you work for a recognized company which does not play fast and loose with immigration law and if you are well qualified, you should not be concerned. If you have one of the iffy companies or have misstated your credential, you have reason to worry.

    I find it interesting that you - an H-1B visa holder - admit that there are many qualified candidates for your job. This is contrary to what the leaders of many companies report in order to justify increasing the number of guest workers in the US.

  5. #5

    Default Re: Trip to India in March'13 with H1b Visa Stamp Expirng in Apr'13

    That's harsh truth actually. The job market has not totally recovered and still in my line of work, there are bigger lay offs happening at companies. If I am here, there's no problem at all. But as I said earlier, no company would want to bet on a candidate who is stuck in immigration/background check in India and has unknown chances of returning within the period specified by the company. So for example, someone who has been told by US consulate when he goes for re-stamping that he would have to wait till the background check is complete and lets say it takes more than 3 months to compete which has happened in one of my friend's cases, obviously the company won't wait for that long. That's the situation when companies will be more than willing to hire someone who can begin work immediately....

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