can I enter US with new I-797 and old visa?
Hi all,
I am currently outside the US and just got my new approval notice ( I-797 ) yesterday in the mail. I already have an existing H1-visa stamp in my passport that I received earlier this year from my old employer. Can I enter the US with the I-797 of the new employer and the visa stamp that I got in a consulate abroad, but for my old employer. It is still valid. Or do I have to apply for a new H1 visa from a US Consulate abroad again? Please do let me know, Thanks, s |
Re: can I enter US with new I-797 and old visa?
Originally Posted by spapp
Hi all,
I am currently outside the US and just got my new approval notice ( I-797 ) yesterday in the mail. I already have an existing H1-visa stamp in my passport that I received earlier this year from my old employer. Can I enter the US with the I-797 of the new employer and the visa stamp that I got in a consulate abroad, but for my old employer. It is still valid. Or do I have to apply for a new H1 visa from a US Consulate abroad again? Please do let me know, Thanks, s How long you can stay after that is governed by the expiration date on the I-797. So, if you have an unexpired visa in your passport you can use that to enter the US and, providing you don't leave after that, you can stay in the US until the expiration of your I-797. When you enter the US, you will be issued an I-94 that evidences that expiration date. If you were to leave US soil after the expiration of the visa in your passport, you would have to go to an embassy and apply for a new one, which would then reflect the new expiration date on your I-797. |
Re: can I enter US with new I-797 and old visa?
Originally Posted by spapp
Hi all,
I am currently outside the US and just got my new approval notice ( I-797 ) yesterday in the mail. I already have an existing H1-visa stamp in my passport that I received earlier this year from my old employer. Can I enter the US with the I-797 of the new employer and the visa stamp that I got in a consulate abroad, but for my old employer. It is still valid. Or do I have to apply for a new H1 visa from a US Consulate abroad again? Please do let me know, Thanks, s |
Re: can I enter US with new I-797 and old visa?
Thank you very much for both answers.
Appreciate it, -s
Originally Posted by crg14624
Yes, you can. Be sure the officer at the border sees your I-797 and admits you up until the new and correct petition date, or 3 years whichever is less. If they make a mistake and admit you until the petition date on your old visa, ask to go to secondary inspection, or see a supervisor specializing in immigration matters.
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