Need some Advice,Simran,Murali senior members please help

[WalkMan]

I Got a transfer done and have a NEW I797 and a NEW I94 valid till 2012.

My Old VISA and I94 Expires in Sep 2009.

I am Planing to go out of India in July and return early August.
At the ariport Do I have to Drop Both the OLD and NEW I94's .my HR says just drop the OLD I94 and NO NEED to drop the New One.Will that cause issues.

My second question is when I enter USA in August early, I94 at the airport is given on what basis?. Can I show the officer that I have an Approvd I797 till 2012 since my Visa is Valid only till sep 2009. I plan to revalidate visa later in Canada.Incase while entering in August If i get a I94 only till Sep 2009(my visa validity) can I continue to stay in USA since I have I797 till 2012

Please advice

Thanks,
WalkMan

[cncd1]

Drop both I-94s (keep a copy for your records, of course.)

Since you are going to India, just get visa restamped there near the beginning of your trip. In the event that you are in need of additional processing time, it can overlap your visit. If you need extra processing, it will occur no matter which consulate you use for stamping.

Your new I-94 will reflect the new approval date - not the visa expiration date.

Your I-94 date determines your legal presence even if the approval date is later. The only thing I can think of off of the top of my head when they will not match is if your passport expires earlier than your approval until date.

Remember that a visa may be granted for longer than your passport validity and you can travel with both new and old passports.

[sudhamsh]

I Got a transfer done and have a NEW I797 and a NEW I94 valid till 2012.

My Old VISA and I94 Expires in Sep 2009.

I am Planing to go out of India in July and return early August.
At the ariport Do I have to Drop Both the OLD and NEW I94's .my HR says just drop the OLD I94 and NO NEED to drop the New One.Will that cause issues.

My second question is when I enter USA in August early, I94 at the airport is given on what basis?. Can I show the officer that I have an Approvd I797 till 2012 since my Visa is Valid only till sep 2009. I plan to revalidate visa later in Canada.Incase while entering in August If i get a I94 only till Sep 2009(my visa validity) can I continue to stay in USA since I have I797 till 2012

Please advice

Thanks,
WalkMan

1. Handover all I-94s in your possession when leaving the country. You will get a new I-94 when you come back.
2. Your stay is determined based on I-94 not either I-797 or current visa. Means you can stay until the I-94 expiry date even after your visa expires.
3. You will get admission until I-797 validity or in some cases if passport expires before that then until the expiry date of passport.

[WalkMan]

I appreciate all your responses. It helped.

In a case the I94 I get when I enter is given for till sep 2009 , is there a way to get the I94 extended based on new I797

Can I show my I797 to the visa guy so that he knows I have an approval till 2012 When i enter USA....Has anyone faced this situation..
The problem is getting a appointment so soon in India chenai for july is difficult in this short notice

Thanks,
Walkman

[arajesh19]

I appreciate all your responses. It helped.

In a case the I94 I get when I enter is given for till sep 2009 , is there a way to get the I94 extended based on new I797

Can I show my I797 to the visa guy so that he knows I have an approval till 2012 When i enter USA....Has anyone faced this situation..
The problem is getting a appointment so soon in India chenai for july is difficult in this short notice

Thanks,
Walkman

--- You have to show the POE officer your new I-797 which is valid till 2012. One of my friends did the same and got the I-94 based on I-797 from the current employer.

If you don't show the POE officer your new I-797, then you will have to make a trip to the nearest CBP office to get it corrected.

Thanks
Rajesh

[WalkMan]

Rajesh,
This really helped when you gave your friends example

I have two question on that, Could you please reply to them

1. Did he get a NEW VISA stamped before coming in
This is because the MY VISA will have my OLD employers name on it.Which I am concerned.I dont plan to get a NEW Visa stamped beofe coming in.

2. Did he drop the I94(in additon to the old one on his passport) he got from with the NEW I797 when he changed employer before leaving to India

[arajesh19]

Rajesh,
This really helped when you gave your friends example

I have two question on that, Could you please reply to them

1. Did he get a NEW VISA stamped before coming in
This is because the MY VISA will have my OLD employers name on it.Which I am concerned.I dont plan to get a NEW Visa stamped beofe coming in.

--- No. He did not go for stamping at all. Returned back to the US with previous employer's visa (valid till Dec 2009) and current employer's I-797 (valid till May 20XX).

2. Did he drop the I94(in additon to the old one on his passport) he got from with the NEW I797 when he changed employer before leaving to India

--- The airline officials took the I-94 from his passport while leaving the US. They did not ask for the I-94 attached to the I-797 and neither did he drop it off.

Thanks
Rajesh

[sudhamsh]

Rajesh,
This really helped when you gave your friends example

I have two question on that, Could you please reply to them

1. Did he get a NEW VISA stamped before coming in
This is because the MY VISA will have my OLD employers name on it.Which I am concerned.I dont plan to get a NEW Visa stamped beofe coming in.

--- No. He did not go for stamping at all. Returned back to the US with previous employer's visa (valid till Dec 2009) and current employer's I-797 (valid till May 20XX).

2. Did he drop the I94(in additon to the old one on his passport) he got from with the NEW I797 when he changed employer before leaving to India

--- The airline officials took the I-94 from his passport while leaving the US. They did not ask for the I-94 attached to the I-797 and neither did he drop it off.

Thanks
Rajesh

It is mandatory to handover all I-94s while exiting the country. It is the responsibility of the person leaving the country not the airlines. Later when it becomes a question that the person did not over stay, the burden of proving falls back on the person and not on the airlines.

[peresw]

1 - Handover ALL I-94's...it's mandatory;
2 - Get stamped in or own country. You will be there anyhow...
3 - Show your I-797 for the POE. He will base on the approval date for your new I-94.

Cheers

[WalkMan]

Hi,
Yeh getting stamped is sure a good option and most of my friends and company is sugesting it.
I am little scared with the current scenario and things hapening around us.
A thought stikes across my mind that I simply come back with the OLD visa and get it stamped some time later in future.
I have just started working for the new company having only two pay stubs (15 days each stub). Dont know if this is sufficient amount of time in the company for stamping. I am on a project with a client.I have all the pay tubs for my previous employer

Thanks,
WalkMan

[sudhamsh]

Hi,
Yeh getting stamped is sure a good option and most of my friends and company is sugesting it.
I am little scared with the current scenario and things hapening around us.
A thought stikes across my mind that I simply come back with the OLD visa and get it stamped some time later in future.
I have just started working for the new company having only two pay stubs (15 days each stub). Dont know if this is sufficient amount of time in the company for stamping. I am on a project with a client.I have all the pay tubs for my previous employer

Thanks,
WalkMan

If you have a job with all the relevant documents there is no question of bad time or good time.

[avinashs36@yahoo.com]

I too had similar situation. While I was coming back, my both I-94s were stapled together. The airline staff consulted her senior and took only the old I94 returning me the new one which is valid till 2011. But the unthinkable happened when I went for visa interview. On H1-B re-stamping I got 221g hence I'll have to stay in India for next 2+ months. Also though my petition is valid till 2011 and original petition was valid till 9/30/2009, I had H1-B visa valid only till dec 2008. Hence I can't go back on the virtue of my old visa. Just check these facts and then plan. I guess taking a visa in Canada/Mexico is easier. Just a guess, I don't know if that is true. Probably I am frustrated, very frustrated at this time.

[WalkMan]

Avinash,
Have faith in God and wish that the processing is done soon.
What is the reason given on 221g .If you can provide some of the seniors here will try to give you some direction
Thanks,
WakMan