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I got my H1 visa stamped till 2014 though my 6 years in US ends on 2013. AfterI140 approval ,can i travel on exisiting visa or

Fairfield, CA |

My 6 years on H1 visa ends March 2013. I exited US a week before that. I have a valid H1 B visa stamped till 2014. I am in India right now waiting for the I140 approval. After I140 approval, can i travel back to US on my existing H1 B visa or do i have to renew the H1B for travelling back?

Attorney Answers 4


  1. Yes, on your existing H-1B visa stamp, if you still work for the same other any other employer in H-1B status AND your visa stamp is still valid.

    Behar Intl. Counsel 619.234.5962 Kindly be advised that the answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.


  2. How did you get an H-1B visa valid until 2014 unless you are the beneficiary of an H-1B petition valid until 2014? If the H-1B petition is valid until 2014, and when your I-140 is approved, you can travel to the U.S.

    Please click the link at the very bottom for additional information.

    ---------
    Carl Shusterman, Esq.
    Former INS Trial Attorney (1976-82)
    Board Certified Immigration Attorney (1986 - Present)
    Schedule a Legal Consultation - Telephonic, Skype or In-Person
    https://shusterman.com/intake-secure.html
    600 Wilshire Blvd., Suite 1550
    Los Angeles, CA 90017
    (213) 394-4554 x0
    Web: www.shusterman.com (English)
    www.inmigracion-abogado.com (Spanish)

    (213) 394-4554 x0 Mr. Shusterman is a former INS Trial Attorney (1976-82) with over 35 years of immigration experience. His response to your question is general in nature, as not all the facts are known to him. You should retain an attorney experienced in immigration law to review all the facts in your case in order to receive advice specific to your case. Mr. Shusterman's statement above does not create an attorney/client relationship.


  3. I-140 approval has little to do with anything. After the perm/I-140 having been in processing for at least a year and the extension of your H1B status, you will be able to travel on your current visa, if is still valid at the time.

    NYC EXPERIENCED IMMIGRATION ATTORNEYS www.myattorneyusa.com; email: info@myattorneyusa.com; Phone: (866) 456-­8654; Fax: 212-964-0440; Cell: 212-202-0325. The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter.


  4. Also, inquiring your attorney of record will be the best policy on any pending issues as that professional is much better equipped to evaluate your case.

    DISCLAIMER The answer given above by the lawyer serves for educational purposes only and provides general information and a basic understanding of the applicable law. Take notice that the answer above does not create an attorney-client relationship as this website is not intended to provide anyone a specific legal advice. Anyone using the site expressly consents that there is no attorney client privilege between any person and any attorney responding. Further take notice that the site should not be used as a crude substitute for any professional and competent legal advice by a licensed professional attorney in the applicable jurisdiction. The attorney above attempted to provide competent professional information, however, the law and its applications may change frequently and vary greatly from other U.S. jurisdictions and locales. Therefore, any information and materials provided above are general in nature, and may not apply to specific factual and legal circumstances related to one's personal legal issues. Contact an experienced lawyer admitted to practice in your State under an attorney-client privilege to further receive a competent legal advice before making any important decisions about your particular legal issue. For further inquiries please contact: Attorney Alexander Ivakhnenko 1021 West Adams, 102, Chicago, Illinois 60607 773-562-8602 http://alexanderivakhnenko.com

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