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Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 95083
Experience:  10+ years of experience in various aspects of U.S. Immigration Law.
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Hi Team, I have a H1 Visa stamped from my home country for

Customer Question

Hi Team,

I have a H1 Visa stamped from my home country for 2012-2015 for Company A. I made a H1 transfer to Company B from 2013-2014. I am planning to visit my country. Do I need to get another stamping in my passport for the H1 from Company B.
Submitted: 1 year ago.
Category: Immigration Law
Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.
Hello and thank you for using our service. My name isXXXXX and I am a licensed attorney and will try my best to help you. I just ask for two things: 1) Before you sign off, please remember to rate me positively as that is the only way that I am paid and your question does not close after you rate me so I can still answer additional questions without additional charge if you have follow-ups even weeks or months later; and, 2) IF I have bad news for you, please remember I am only the messenger. When you rate me, it is my service to you that you rate, not whether the news is good or bad. I will try my best to give you a solution, but sometimes the law does not have a good one.



Fortunately, you do not have to get a new H-1B stamp. You can use your old stamp. Just take with you a copy of your new H-1B transfer approval.



Please let me know if you have additional questions and please do not forget to rate my service to you (not the state of the law) as that is the only way that I can get credit for my assistance to you. Even after you rate the service, I can still answer additional questions for you without additional charge. If you do rate me positively, a bonus is always appreciated. If you would like to request me in the future, just go to http://www.justanswer.com/law/expert-guillermosenmartin/. Thank you!

Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 95083
Experience: 10+ years of experience in various aspects of U.S. Immigration Law.
Guillermo J. Senmartin, Esq. and 3 other Immigration Law Specialists are ready to help you
Customer: replied 1 year ago.

Hi I have a followup question on the same discussion.


 


I came to US with stamping from old employer and my I94 obtained with Old Visa in place. I am planning to bring my dependants applying H4 and get that stamped.


 


1. Is i94 a required document for H4 stamping


 


2. if so will my current I94 with previous employer is sufficient


 


3. If not what should I do to get fresh I94 for the new petitioner.

Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.
You turn in your I-94 when you leave the U.S. You will get an entry stamp when you come back to the U.S. since they are no longer giving I-94s when you enter, they will just give you an entry stamp.
Customer: replied 1 year ago.

Hi thanks I understand how I94 works. But since my dependants are going for a stamping when I am in US does the stamping process required my copy of I94 or just a copy of i797 and i129 is sufficient for their stamping.

Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.
You can send them a copy of your approval notice and that should be enough. You can also send them a copy of your entire file if you like, just in case.
Customer: replied 1 year ago.

Thanks for the response. But I am still worried about the specific of documents required.


 


Is my I94 required for their stamping ?


 


Will embassy ask any questions about my H1 transfer to my spouse ?

Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.
The original is not required. Send them a copy.
Customer: replied 1 year ago.

Hi may I am not asking the question properly.


 


Let me consolidate the question what I asked earlier.


 


I94 - I understand I need to send a copy for my dependent stamping.


 


So the question is - the current I94 what I hold is when I came to US and its for my previous employer. So do this I94 still valid to send for the H4 stamping or will there be any fresh I94 issued to for me new employe.


 

Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.
You have an I-797 receipt for the new H-1B approval? Or you have an entry stamp in your passport through the new employment? What was the last action taken in your case by immigration?
Customer: replied 1 year ago.

I don't have an entry stamp in passport for new employment.


 


but I have I797 for new H1 B.

Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.
Then that I-797 approval notice for the new H-1B is what you send them a copy of.
Customer: replied 1 year ago.

Hi,


 


My I 797 approval notice says I am denied Extend of Stay (EOS). What action should be taken to get fresh I 94 and how soon.


 


Scenario


1. I have valid Visa Stamping till 2015 and I94 also is till 2015 (All with OLD Employer)


2. Transferred the petition to new employer


3. Current I797is approved but EOS is denied.


 


Please let me know what action to be taken and how soon.


 


 

Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.
Are you saying that they are approving your H-1B but requiring you to leave the U.S. to get a visa stamp and come back? If so, then there may not be anything that you can do.
Customer: replied 1 year ago.

I am not very clear on that piece of information. I am currently holding a visa stamping for employer A till 2015 and transferred to Employer B with I 797 stating petition approved but EOS denied. When I browsed the internet they say I can travel to nearby country and refresh my I94 by reentering in POE rather than going for a stamping again in my home country.


 


Please let me know if I am out status if so how soon I need to leave the country or refreshing my POE is enough to clear my EOS issue.

Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.
If you have an H-1B stamp that is still valid, then that is correct, you can go to Mexico or Canada and come back in using the H-1B stamp. But I would first check to make sure that the visa stamp is still valid because if you have even a 1 day of overstay, that visa is to be automatically cancelled. That just means that you may be able to go to Canada or Mexico and get a new H-1B visa stamp there instead of going home to get one. Good luck!
Customer: replied 1 year ago.

Hi sorry I am not understanding the below clause. Can you please explain.


 


"But I would first check to make sure that the visa stamp is still valid because if you have even a 1 day of overstay, that visa is to be automatically cancelled"


 


My Visa stamping states the expiration date as 2015.

Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.
But what I am saying it that USCIS has approved your new H-1B, but not the EOS. That MIGHT mean that you have some time out of status. If you have even one day out of status, your visa would be automatically cancelled and you will need a new one. You can try to check by doing one of the following:

1) Call the USCIS Customer Service number at 1-800-375-5283.



2) Go to http://infopass.uscis.gov/ and make an appointment to speak in person with an immigration officer to find out the status.

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