Go Back  British Expats > Living & Moving Abroad > USA > US Immigration, Citizenship and Visas
Reload this Page >

can I enter US with new I-797 and old visa?

can I enter US with new I-797 and old visa?

Old Sep 30th 2005, 4:18 pm
  #1  
Just Joined
Thread Starter
 
Joined: Feb 2005
Posts: 11
spapp is an unknown quantity at this point
Default 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
spapp is offline  
Old Sep 30th 2005, 6:35 pm
  #2  
Forum Regular
 
Joined: Oct 2004
Posts: 36
dandc is an unknown quantity at this point
Default 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
The expiration date on the visa that is pasted into your passport is, in essence, the last day you can apply for entry to the USA.
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.
dandc is offline  
Old Oct 1st 2005, 4:01 am
  #3  
crg
American Expat
 
Joined: Jan 2004
Posts: 7,598
crg has a reputation beyond reputecrg has a reputation beyond reputecrg has a reputation beyond reputecrg has a reputation beyond reputecrg has a reputation beyond reputecrg has a reputation beyond reputecrg has a reputation beyond reputecrg has a reputation beyond reputecrg has a reputation beyond reputecrg has a reputation beyond reputecrg has a reputation beyond repute
Default 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
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.
crg is offline  
Old Oct 1st 2005, 11:49 pm
  #4  
Just Joined
Thread Starter
 
Joined: Feb 2005
Posts: 11
spapp is an unknown quantity at this point
Default 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.
spapp is offline  

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are Off
Pingbacks are Off
Refbacks are Off


Contact Us - Archive - Advertising - Cookie Policy - Privacy Statement - Terms of Service - Do Not Sell My Personal Information -

Copyright © 2022 MH Sub I, LLC dba Internet Brands. All rights reserved. Use of this site indicates your consent to the Terms of Use.