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All other Green Card Issues I-140/I-485, Family Based Green Card

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  #1  
Old 10-07-2006, 11:41 AM
cris cris is offline
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Default traveling outside of USA

Gurus, I need your advice please .

here are my details :

1. H1B visa stamp in passport with expiry date 03/07
2. application for H1B extension 3 years (based of I140) - approved .

Can i travel outside of USA with current H1B Visa ? again, the application for H1B is approved . I know that i have to get a new visa stamp for new period BUT I have to travel on buisness trips these months .

Please, have your professional inputs

Thanks, Cris
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  #2  
Old 10-07-2006, 12:22 PM
qualified_trash qualified_trash is offline
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qualified_trash is a splendid one to behold qualified_trash is a splendid one to behold qualified_trash is a splendid one to behold qualified_trash is a splendid one to behold qualified_trash is a splendid one to behold qualified_trash is a splendid one to behold qualified_trash is a splendid one to behold
Default come on !!

Quote:
Originally Posted by cris
Gurus, I need your advice please .

here are my details :

1. H1B visa stamp in passport with expiry date 03/07
2. application for H1B extension 3 years (based of I140) - approved .

Can i travel outside of USA with current H1B Visa ? again, the application for H1B is approved . I know that i have to get a new visa stamp for new period BUT I have to travel on buisness trips these months .

Please, have your professional inputs

Thanks, Cris
you say that the current stamp expires in March 2007. what is your problem?? this is not even a question my friend.
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  #3  
Old 10-07-2006, 01:59 PM
caydee caydee is offline
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caydee has much to be proud of caydee has much to be proud of caydee has much to be proud of caydee has much to be proud of caydee has much to be proud of caydee has much to be proud of caydee has much to be proud of caydee has much to be proud of
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No problem even if the valid visa has a different employer name?
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  #4  
Old 10-07-2006, 02:34 PM
qualified_trash qualified_trash is offline
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qualified_trash is a splendid one to behold qualified_trash is a splendid one to behold qualified_trash is a splendid one to behold qualified_trash is a splendid one to behold qualified_trash is a splendid one to behold qualified_trash is a splendid one to behold qualified_trash is a splendid one to behold
Default no problem

Quote:
Originally Posted by caydee
No problem even if the valid visa has a different employer name?

it is no problem as long as you carry your current employer's Approval notice.
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  #5  
Old 10-08-2006, 10:30 AM
cris cris is offline
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Default thank you

I really appreciate r answer "qualified trash " .

Why I'm asking this question ? I was told I can NOT travel outside USA while the pettion for H1B extension is pending with USCIS .

Now, the petition is approved until 2010 and I have a valid current H1B visa until 03/07.

You said I can travel in these conditions, right ?
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  #6  
Old 10-08-2006, 12:49 PM
sbabunle sbabunle is offline
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Default

Dear Cris
You have to be careful when you careful when you check back in.
If you donot stamp your 2010 H1b on your passport the officer most
probably will give you 03/07 on you I-94. Remember your legal time
in the US is determined by the I-94 card and not the time in VISA stamping.
You might tell me that there is an I-94 attachment in new H1B approval. But
the most recent I-94 is the one thats gonna count. Now when you clear immigration without that 2010 stamp on passport, they will most probably give you 03/07 in your I-94. If that happens and if you think that you have an H1B until 2010 so you are legal , you are wrong. After 03/07 ( if thats what they write on I-94 ) you are out of status ( Unless your 485 is filed). Where as some officers just write the full term on H1B approval. As a rule of thumb they right expiry date on the visa stamp on I-94.

I've gone through exact same scenario and had a hell of a time with this bullshit. The best way to work it out
1) From your home country( Guess thats where you r goin) stamp H1B. This
is the best option.
2) If you have time goto Mex/canada and stamp it right away. This works too. But u have to make an extra trip, check appt avail etc etc
3) if you have sufficient time after your visit ( I would give at least 2 months
befor 03/07. ie if you gonna back 01/07 after your trips) you can travel back with old visa. At port of entry you can show them the new approval and they may sometimes give you the 2010 date. If not you have to goto Can/Mex asap and stamp it and get back to US.

Hope this helps
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  #7  
Old 10-08-2006, 06:27 PM
cris cris is offline
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Default

thanks sbabunle

I'm very aware I have to get a new visa stamp with new validity 03/10 .

Again, the question is if I can travel NOW, with CURRENT visa (03/07) and with application for extension approved .
It will take a while to get an appointment in Canada , maybe in lanuary next year, if I'm lucky .

But in the meantime can I go back and forth ? This is the q .

I have mentioned above why I'm asking this . because I was told NOT to travel while petition is pending with USCIS
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  #8  
Old 10-08-2006, 08:43 PM
sbabunle sbabunle is offline
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Default

You should be perfectly okay to get out and get in.
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