H1B Re-Stamping In Case of a New Employer

[pm87]

Dear all

I have a valid H1B visa, till 2017, stamped on my passport. I recently changed my employer and got a new approval notice, 2 weeks ago.
I want to make a short trip to India, between the 2 jobs.

My questions are:

1) Do I have to get the visa re-stamped despite of having a valid visa?
2) Is the second stamping similar as the first one - a 2 day process with biometrics and interview?

Please help me out.

Good luck to all of you with your immigration issues.

Thanks and Regards

[raghvi]

Dear all

I have a valid H1B visa, till 2017, stamped on my passport. I recently changed my employer and got a new approval notice, 2 weeks ago.
I want to make a short trip to India, between the 2 jobs.

My questions are:

1) Do I have to get the visa re-stamped despite of having a valid visa?
2) Is the second stamping similar as the first one - a 2 day process with biometrics and interview?

Please help me out.

Good luck to all of you with your immigration issues.

Thanks and Regards

1. Not required.
2. Yes if you decide to go for it.

This is my opinion not legal advice.

[pm87]

1. Not required.
2. Yes if you decide to go for it.

This is my opinion not legal advice.

Thanks a lot for your reply.

I called the US Embassy in Delhi and they told me that I would need stamping. They directed me to their website's FAQ section which states that in this case I would need to get a new visa issued. Here's that link to Q13 -

http://www.ustraveldocs.com/in/in-gen-faq.asp#qlistwork13

Could you please let me know if I am misinterpreting it.

Thanks and Regards

[raghvi]

Thanks a lot for your reply.

I called the US Embassy in Delhi and they told me that I would need stamping. They directed me to their website's FAQ section which states that in this case I would need to get a new visa issued. Here's that link to Q13 -

http://www.ustraveldocs.com/in/in-gen-faq.asp#qlistwork13

Could you please let me know if I am misinterpreting it.

Thanks and Regards

It is always recommended to have fresh stamping done but it is not mandatory. I have heard of cases where in certain officers and attorneys do insist you get a new stamping every time you change employer. Worst there have been cases where the H4 was refused simply because the H1 changed employer while in US and did not go for fresh stamping. These are rare cases and arent generally the norm.

As for the validity of H1 visa please read below.

http://www.state.gov/documents/organization/87226.pdf

9 FAM 41.53 N8.4-3 Validity of H-1B When There is a Change of Employer
(CT:VISA-1406; 03-11-2010)
After changing H-1B employers in accordance with DHS procedures for making such a change, an H-1B visa holder may continue to use his or her original H-1B visa for entry into the United States. Upon applying for entry, the visa holder must present the new Form I-797, Notice of Action, evidencing the approval of the change of employer in addition to the visa.

This is my opinion not legal advice.

[pm87]

It is always recommended to have fresh stamping done but it is not mandatory. I have heard of cases where in certain officers and attorneys do insist you get a new stamping every time you change employer. Worst there have been cases where the H4 was refused simply because the H1 changed employer while in US and did not go for fresh stamping. These are rare cases and arent generally the norm.

As for the validity of H1 visa please read below.

http://www.state.gov/documents/organization/87226.pdf

9 FAM 41.53 N8.4-3 Validity of H-1B When There is a Change of Employer
(CT:VISA-1406; 03-11-2010)
After changing H-1B employers in accordance with DHS procedures for making such a change, an H-1B visa holder may continue to use his or her original H-1B visa for entry into the United States. Upon applying for entry, the visa holder must present the new Form I-797, Notice of Action, evidencing the approval of the change of employer in addition to the visa.

This is my opinion not legal advice.

Thanks a lot. I really appreciate that.

Regards

[vkp374]

H4 travel with old visa but with new approved petitions against H1 & H4 both

It is always recommended to have fresh stamping done but it is not mandatory. I have heard of cases where in certain officers and attorneys do insist you get a new stamping every time you change employer. Worst there have been cases where the H4 was refused simply because the H1 changed employer while in US and did not go for fresh stamping. These are rare cases and arent generally the norm.

As for the validity of H1 visa please read below

http://www.state.gov/documents/organization/87226.pdf

9 FAM 41.53 N8.4-3 Validity of H-1B When There is a Change of Employer
(CT:VISA-1406; 03-11-2010)
After changing H-1B employers in accordance with DHS procedures for making such a change, an H-1B visa holder may continue to use his or her original H-1B visa for entry into the United States. Upon applying for entry, the visa holder must present the new Form I-797, Notice of Action, evidencing the approval of the change of employer in addition to the visa.

This is my opinion not legal advice.

Hello Raghvi

Taking all this into consideration is it safe for H4 to travel to India and come back before old visa expiry? Problem is that, my spouse with H1 won't be able to travel to India right now due to office engagement and leave restrictions. Specifically visa expires on 23rd Sep with old employer and new petition for me (H4) & my spouse (H1) is approved till 27th Oct'2017, I need to travel to India for couple of months and plan to be back by the month of June'15.

What would you suggest?

Thanks in advance.

[raghvi]

Please dont hijack an existing thread. Every case is different hence would advise you to open a new thread with your relevant details.

[ashutosh.ahuja11]

is it still valid ?

you guys have been extremely helpful. I have been following this thread from quite a while and need some help. I know you have clearly stated Aytes memo of 1997 and few other info that states one can travel back to US with unexpired Visa in unexpired passport from previous employer as long as someone has valid i797 petition from new employer. but i can't seem to find this information anywhere on US govt website or matter the fact any website other than immihelp, **** ** etc.

Can you let us know where this can be seen, i mean on the govt websites ? this question came up bcz USCIS website doesn't have anything archived later than 1998 and they have clearly mentioned, anything that is not present on their website may be outdated.

Please help, i am traveling out of US this saturday (9/3/16)

Thanks so much!!

[SPNNNJ]

could you please share if you faced any issue while travelling back.

could you please share if you faced any issue while travelling back. Did you get a new visa stamped

[bas85]

Similar Case, but can i do dropbox?

Hello, I have a similar case issue, where, My visa with company A is still valid till April 2017. Now, I moved to company B and the new 797 is giving me time till 2019. If I m travelling to India by November (5 months before my visa expiry), can i do a dropbox for visa stamping with the employer B petition. Is there a restiriction to stamp visa before x months of the visa expiry? Kindly help.

[rajeshkumar.kommuri]

Similar Case, but can i do dropbox?

Hello, I have a similar case issue, where, My visa with company A is still valid till April 2017. Now, I moved to company B and the new 797 is giving me time till 2019. If I m travelling to India by November (5 months before my visa expiry), can i do a dropbox for visa stamping with the employer B petition. Is there a restiriction to stamp visa before x months of the visa expiry? Kindly help.

I too had similar case. My visa will expire in Sep 2017 but I changed my employer this month and planning to go for visa stamping in Jan 2017. While I am scheduling my appointment, I came across few questions to check whether I am eligleble for drop box.

One of the question is "Is your current visa still valid?" What should I answer? Should I answer it as "No" because I am no longer with the employer that was on the visa? Or should I answer it as "Yes".

If I answer it as "Yes" then it is showing that I am eligible for drop box.

Please advice.

[snarla]

Can you please share your experience

Can you please share your experience while entering to US.

you guys have been extremely helpful. I have been following this thread from quite a while and need some help. I know you have clearly stated Aytes memo of 1997 and few other info that states one can travel back to US with unexpired Visa in unexpired passport from previous employer as long as someone has valid i797 petition from new employer. but i can't seem to find this information anywhere on US govt website or matter the fact any website other than immihelp, **** ** etc.

Can you let us know where this can be seen, i mean on the govt websites ? this question came up bcz USCIS website doesn't have anything archived later than 1998 and they have clearly mentioned, anything that is not present on their website may be outdated.

Please help, i am traveling out of US this saturday (9/3/16)

Thanks so much!!

[rohit224]

Can you please tell, did you get your visa re stamped ? or went for drop box option ? or was able to enter US with previous employer visa ?

[Aakanksha]

My h1 expired but employer name remains unchanged

Hi there...
I changed my employer in 2015 but my visa was valid till nov 2016 and in the meantime in aug 2015 I went to India....and as I was suggested, I didn't go for stamping.Now my visa is expired and I have to initiate I 140 process and for the same the lawyer suggested me to change the employer name in the visa(old to new) for which I have to visit cbp.

1.Will there be any problem at CBP as my visa got expired.
2.how many days will they take to correct.

I have to complete this process asap...requesting for a quick response...

Regards
Aakanksha

[rajgoaj]

Your experience at Port Of Entry

Hi there...
I changed my employer in 2015 but my visa was valid till nov 2016 and in the meantime in aug 2015 I went to India....and as I was suggested, I didn't go for stamping.Now my visa is expired and I have to initiate I 140 process and for the same the lawyer suggested me to change the employer name in the visa(old to new) for which I have to visit cbp.

1.Will there be any problem at CBP as my visa got expired.
2.how many days will they take to correct.

I have to complete this process asap...requesting for a quick response...

Regards
Aakanksha

Hello, could you please share your experience at port of entry while you travelled with existing VISA stamped with previous employer?