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Do I need Visa Stamping - same employer but new H1B

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  • Do I need Visa Stamping - same employer but new H1B

    I am on H1B with same employer since Oct 2009. They filed an extension in Dec 2011 and I got it stamped in Jan 2012. So, I have a valid H1B on my passport until Jan 2015. In March 2012 I was laid off and they terminated my employment sending mail to USCIS informing them. But, within 2 weeks they were able to offer me a position in another plant at different location and they filed a new H1B for me.

    So technically I am being with same employer, but my previous H1B based on which I got stamping last time was terminated by them and a new one was filed by them within 2 weeks. Do I need to go for stamping again when I travel to india in dec 2012 or I can use previously stamped H1B along with new I797 approved H1B petition to enter US?

    I know if its simple transfer its ok to not get it stamped, but in my case as USCIS was informed of my previous employment being terminated and new H1B being filed, I want to confirm what needs to be done?

  • #2
    Originally posted by shahswap View Post
    I am on H1B with same employer since Oct 2009. They filed an extension in Dec 2011 and I got it stamped in Jan 2012. So, I have a valid H1B on my passport until Jan 2015. In March 2012 I was laid off and they terminated my employment sending mail to USCIS informing them. But, within 2 weeks they were able to offer me a position in another plant at different location and they filed a new H1B for me.

    So technically I am being with same employer, but my previous H1B based on which I got stamping last time was terminated by them and a new one was filed by them within 2 weeks. Do I need to go for stamping again when I travel to india in dec 2012 or I can use previously stamped H1B along with new I797 approved H1B petition to enter US?

    I know if its simple transfer its ok to not get it stamped, but in my case as USCIS was informed of my previous employment being terminated and new H1B being filed, I want to confirm what needs to be done?
    My understanding is that as it's a new H1B, then you have to go for stamping.

    My personal advice to you in this situation is to consult with the paralegal in your company or with any other immigration lawyer.

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    • #3
      That makes no difference. You can use the Visa as long as it is valid.
      This is my opinion and not legal advice.

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