H1 Transfer - restamping - Please Suggest

[sri111]

Hi All,

I was working for Employer A and got stamping last year April 2008 which is valid till Oct, 2010. H1 trasnfered to Employer B and again to Employer C. Now Im working for Employer C.

Im planing for India trip for 6 months. Do i need to get new Stamping to come back USA? or Can i come back with Employer A stamping?

If required which consulate would be the better in India. And also I dont have assignment now. My Employer suggesting that he would provide some alternative documents.


Please Suggest

thanks
Sri

[txh1b]

If visa from employer A is valid, you can travel using that and show the visa, the I797 approval notice of your current employer at POE.

[sri111]

Thanks for reply. Employer A might canceled my petition and Employer A name is present on Visa. Still Can i travel with employer A Stamping? Please Suggest

[txh1b]

Doesn't matter. A revoke of H1b by employer limits the ability to work for that employer and has got nothing to do with your visa.

[sri111]

Thank You

[freshmind]

My case also almost similar. Still I am thinking for Visa restamping for peace of mind.

My question is:
If i go for Employer B/C stamping, in worse case any chances of canceling the previous employer stamping ? Please help.

[txh1b]

Peace of mind? Your wish!

Foreign affairs manual is what you need to dig into or google for.

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

9 FAM 41.53 N8.3-3 Validity of H-1B When There is a
Change of Employer
(CT:VISA-1041; 09-26-2008)
a. 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.
__________________

[mesaleem]

If the new I797 requires consular processing at a consulate office in India, can a person still travel USA with his old valid visa and new I797 approved petition?

Peace of mind? Your wish!

Foreign affairs manual is what you need to dig into or google for.

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

9 FAM 41.53 N8.3-3 Validity of H-1B When There is a
Change of Employer
(CT:VISA-1041; 09-26-2008)
a. 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.
__________________

[txh1b]

Was the CP as a result of one being out of status? If so, getting a new stamp is safe but however some have come back using an existing visa. It depends.

[mesaleem]

Yes, it is as a result of out of status. My earlier transfer petition got denied and my new employer said the only option available for me is to go for CP.
He also insist that only after i get stamped for their company's approval petition and then enter USA with I94, they will be able to take me on their payroll.
As there are too many 221g issues at Indian Consulates these days, i dont want to get struck there. My visa expires on Sep 29 2009. Please suggest me.

Was the CP as a result of one being out of status? If so, getting a new stamp is safe but however some have come back using an existing visa. It depends.

[txh1b]

Your employer is right as it is a CP case. You can try your luck at POE.

[mesaleem]

If a person's Visa and I94 is not expired and if he filed transfer petition with company B upon receiving a denial for company A's xfer petition, can he stay in USA until he gets company B's approval notice?

Your employer is right as it is a CP case. You can try your luck at POE.

[txh1b]

It is a gray area. The person is out of status as he is not working for the company that the valid I-94 was for.

[mesaleem]

It is a gray area. The person is out of status as he is not working for the company that the valid I-94 was for.

Thanks for your reply.

That means USCIS will ignore the period of Comp B's denial date and the date person leaves USA after getting approval notice?

[txh1b]

No, USCIS will not ignore anything. When it comes to fill out a G325A during GC, every tiny thing will be scrutinized.

Out of status and illegal are two things with a slightly different meaning.