I am currently in a posesion of a valid H1b visa expiring June 30 th… I obtained new employment and new I797 for a new job starting July 1st , If I leave the country and come back using the old visa will that in any way affect my new petition and will my I 94 be stamped based on the old or on the new petition ? … Also If while out of the Us I apply for new H1b Visa using the new petition , would that cancel my old visa and would the rule that you can not enter US wearlier than 10 days before the start of your petition still apply, … In this case I need to enter earlier than 10 days and work on my old job until July 1st
You will receive I-94 on return based on the petition you show at the airport. If you intend to work for new employer, then show the new petition and get I-94 based on that.
I didn’t get your other question.
Thank you Saurabh I really appreciate it ! , My web research gave me the same ansver… My second question is related to the rule that you can apply for H1B stamp up to 90 days before your petition is to start but you can not enter US sooner than 10 days before the start of your petition… So If I use new petition and renew visa but I still need to return to contry say 30 days before new petition is to start willt his be a problem … In my situation I have to come back earliet in order to continue working on my old job
Is your new petition already approved or not?
Yes but it starts july 1st i need to be back in the US by June 5th
So you will have to show old petition on return and work for old employer until July 1. Thereafter you can start working for the new employer. One thing I am not sure about (check w/ new employer’s attorney) is whether new employer needs to file something for this or not as you will have no I-94 from the new employer (the one you currently have will be closed when you leave US).
What’s the start date on the I-94 attached to new employer’s approved petition?
There is no “start date” on I 94
there is validity on a receipt and indicates dates from July 1st to the end of petitionin 2015
Does the I-94 attached to new petition has no dates on it?
Yes , slip has No dates just serial number and a number of petition