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  • Restamping H1B visa after transfer to another company

    Hello,


    I was working with XYZ company from Sept 2004 in USA and have my passport stamped with its approved H1-B visa for XYZ while visiting India in Jan 2005 which is valid for 3 yrs till 2007.

    I changed my job and joined ABC Inc., in July 2005 and transferred my H1-B visa to ABC. I have received my approved petition/approved H1-B/approved
    I-797 from ABC.

    Do I have to get my passport stamped again with the ABC approved H1-B if I am visiting India in Jan 2006 ?


    Your time and reply is valued and appreciated.

    Thanks,
    Regards,
    Shiwangi Deshpande.

  • #2
    Going by procedure, you have to get your passport stamped with ABC Inc H1b.
    VEENA
    (NOT LEGAL ADVICE)

    Comment


    • #3
      Conflicting responses

      Hi,
      I am also facing the same situation.

      One of my friend's lawyers have suggested to him that he may get his passport stamped with the visa from the new company.

      I asked my lawyers and they have said that it is not necessary for me to get my passport stamped with a visa from the new employer as long as the visa from the old employer is valid and I carry the original H1-B approval notice from my new employer and show the same at the port of entry.

      So my question to the forum is:
      Is it absolutely necessary to get the passport stamped with a visa having the new employer's name to re-enter the US?
      Or is it a suggested procedure to be 100% safe?

      Has there been any rejections at the port of entry if the person has not stamped his passport with a new visa?

      If I have to get a new visa stamped can I opt for emergency visa stamping at Chennai consulate?

      Any help/advice in this regard is appreciated.

      Thanks,
      SSaha

      Comment


      • #4
        Siwangi, you can travel outside and come back with the same visa. You just need to show new approved H1 when you come back at port of entry.

        Comment


        • #5
          Originally posted by ssaha
          Hi,
          I am also facing the same situation.

          One of my friend's lawyers have suggested to him that he may get his passport stamped with the visa from the new company.

          I asked my lawyers and they have said that it is not necessary for me to get my passport stamped with a visa from the new employer as long as the visa from the old employer is valid and I carry the original H1-B approval notice from my new employer and show the same at the port of entry.

          So my question to the forum is:
          Is it absolutely necessary to get the passport stamped with a visa having the new employer's name to re-enter the US?
          Or is it a suggested procedure to be 100% safe?

          Has there been any rejections at the port of entry if the person has not stamped his passport with a new visa?

          If I have to get a new visa stamped can I opt for emergency visa stamping at Chennai consulate?

          Any help/advice in this regard is appreciated.

          Thanks,
          SSaha
          your lawyers are correct.

          Comment


          • #6
            Hi all,
            Though you can travel back on the previous H1B stamping without any hassles ( if you carry sufficient proof), all the consulates will suggest that you get your new H1Bs stamped on the Passport. There is no written rule on this as far as I know.
            And Ssaha, as a returning worker, you will qualify for the emergency appointment at the Chennai Consulate.
            VEENA
            (NOT LEGAL ADVICE)

            Comment


            • #7
              H1 B visa transfer

              Hi Friend

              I have kind of different situation :

              I have applied for the H1 B visa and will be joining my new company from to tomorrow.Now I have to go India after 3 weeks because of some problem.

              First Question is Can I go back to India (as H1 B transfer is still in process and I dont have the new employer petition) ? Will there be any problem at the time of coming back ? or will the H1 Transfer reciept(ESC no) will serve the purpose at the time of coming back to india.?

              It will be great if any one can clear my doubts.

              Thanks
              Salil

              Comment


              • #8
                It is not required

                This is based on my experiance. If you have a valid Stamping (unexpired) and have the H1B approval from another company, you can travel into USA. you need to have the H1B approval and need to show both the stamping (valid and for old company) and the new company's Approval.

                Comment


                • #9
                  Originally posted by poplisal
                  Hi Friend

                  I have kind of different situation :

                  I have applied for the H1 B visa and will be joining my new company from to tomorrow.Now I have to go India after 3 weeks because of some problem.

                  First Question is Can I go back to India (as H1 B transfer is still in process and I dont have the new employer petition) ? Will there be any problem at the time of coming back ? or will the H1 Transfer reciept(ESC no) will serve the purpose at the time of coming back to india.?

                  It will be great if any one can clear my doubts.

                  Thanks
                  Salil

                  You cannot come back without the actual receipt. The transfer receipt is not enough. If travel is absolutely imperative file for premium processing

                  Comment


                  • #10
                    H-1 Transfer and new H4 application

                    Hi All,

                    This is my first post.

                    I have transfer my H1 to a new company A.

                    I have to go to India so the H1b transfer is filed as a premium processing.

                    In india I am planning to get the new h1 visa as well the H4 (new) visa at Mumbai.
                    My spouse is in Mumbai so i prefer to get the stamping in mumbai.
                    My questions are :
                    1. What are the documents required for H4 visa ( my spouse never visited USA, howevere she has got her L1 stamped)

                    2. What are the documents required for my H1 transfer.

                    3. What is the difficulty level of interview in such situations.
                    4. What is the probability of getting the H1 and H4 visa stamped in this situatiion.
                    5. What are the standard questiona and answers.

                    Any help will be highly apprciated.

                    Thanks

                    Comment


                    • #11
                      Please I need your valuble suggestions

                      Hello All,


                      Can anyone suggest my doubts?

                      I am Ramya from Pune but basically my hometown is Hyderabad... Now I have to attend to the H1B visa in Mumbai. The problem is I am confused coz I have been to US in 2006 on B1/B2 and I got stamped from Chennai. From past several months I am working in Pune. Now will they ask me any question regarding my previous stamping in Chennai? For H1b filing I showed **** experience from Pune and I mention that I am working since 2004 from Pune. While I am doing Masters in London I have been to US in 2002 for training and other countries too. So tell me will they ask me any question regarding this in the Mumbai consulate. Please guide me As soon as possible.

                      Ramya

                      Comment


                      • #12
                        **** experience? Prepare yourself for a total ban and a rejection if caught. People like you are the reason why VOs are skeptical and take the 221g route for many deserving candidates.

                        Get your morals and ethics straight before you try to head to a country where laws are followed strictly.

                        I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.

                        Comment


                        • #13
                          Originally posted by ramyapriya
                          Hello All,


                          For H1b filing I showed **** experience
                          just in case, you know. I felt like doing it, you know. I am great.
                          Check out H1 FAQs first!
                          http://www.immihelp.com/visas/h1b/h1-visa-faq.html

                          Comment

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