H4 visa stamping with Previous employer H1B visa

[jayraj0071]

Hi,
I have come to US with H1B for employer A and then got my H1B transfered and approved (I-797) for employer B and had started working for employer B for past one year now.My H1B visa for employer A is valid till August 2014 and new I-797 is valid until August 2015. Right now I am going to India for my marriage.I had consulted few legal attorney's and they have indicted that I don't need to get a new H1B on my passport as my H1 for employer A is still valid and I need to carry my new I-797 and employee verification letter with me when I leave the country and return back.And these need not be voluntariy provided to the immigaration officer unless specifically asked.

But I am not getting a definitive answer for this issue from everyone,someone says we need new H1B for the new employer and few others say our H1B for old employer still holds good.

Whether this will have any impact on H4 visa for my wife since she has to carry my documents for stamping with my old H1B visa on my passport with name of employer A and new I-797 with name of employer B,will there be a conflict ?? Please clarify.

[Nattybone]

Hi,
I have come to US with H1B for employer A and then got my H1B transfered and approved (I-797) for employer B and had started working for employer B for past one year now.My H1B visa for employer A is valid till August 2014 and new I-797 is valid until August 2015. Right now I am going to India for my marriage.I had consulted few legal attorney's and they have indicted that I don't need to get a new H1B on my passport as my H1 for employer A is still valid and I need to carry my new I-797 and employee verification letter with me when I leave the country and return back.And these need not be voluntariy provided to the immigaration officer unless specifically asked.

But I am not getting a definitive answer for this issue from everyone,someone says we need new H1B for the new employer and few others say our H1B for old employer still holds good.

Whether this will have any impact on H4 visa for my wife since she has to carry my documents for stamping with my old H1B visa on my passport with name of employer A and new I-797 with name of employer B,will there be a conflict ?? Please clarify.

Hello, Jayraj.

I am not sure about H4, so shall abstain for commenting on that.

As regards your H1B: The stamp on the passport is called the Visa. You use the visa to enter and exit USA. Once inside the US, what you maintain in the form of I797 or I94 is called the Status. As in your case, neither the Status nor the Visa are expired, there is no need to go for a stamping.

I hope this helps.

Wishing you luck.

Cheers,

[raghvi]

Hello, Jayraj.

I am not sure about H4, so shall abstain for commenting on that.

As regards your H1B: The stamp on the passport is called the Visa. You use the visa to enter and exit USA. Once inside the US, what you maintain in the form of I797 or I94 is called the Status. As in your case, neither the Status nor the Visa are expired, there is no need to go for a stamping.

I hope this helps.

Wishing you luck.

Cheers,

One need not go for re stamping just because one has changed employer. As Natty mentioned as long your visa is valid you are good. Your spouse would need to attend H4 interview along with the documentation related to your latest employer.

This is my opinion not legal advice.

[Arun Eapen Varughese]

Hello Jayaraj,

I am in a similar situation now. What have you tried finally. Did you get a new visa or were your wife able to get through without any problem. Please advice.

Thanks,

Arun



quoting jayraj0071
H4 visa stamping with Previous employer H1B visa

Hi,
I have come to US with H1B for employer A and then got my H1B transfered and approved (I-797) for employer B and had started working for employer B for past one year now.My H1B visa for employer A is valid till August 2014 and new I-797 is valid until August 2015. Right now I am going to India for my marriage.I had consulted few legal attorney's and they have indicted that I don't need to get a new H1B on my passport as my H1 for employer A is still valid and I need to carry my new I-797 and employee verification letter with me when I leave the country and return back.And these need not be voluntariy provided to the immigaration officer unless specifically asked.

But I am not getting a definitive answer for this issue from everyone,someone says we need new H1B for the new employer and few others say our H1B for old employer still holds good.

Whether this will have any impact on H4 visa for my wife since she has to carry my documents for stamping with my old H1B visa on my passport with name of employer A and new I-797 with name of employer B,will there be a conflict ?? Please clarify.

[pratikpv]

Same here. Came to USA with VISA from employer A, got new job from A to B, another job change, B to C. And now going to india. My VISA is still valid ( not expired) and i confirmed with my attorney (Fragomen), that I dont need to go to another VISA. I need to carry original i797, company badge, employee varification letter, and all should be good.

Hello Jayaraj,

I am in a similar situation now. What have you tried finally. Did you get a new visa or were your wife able to get through without any problem. Please advice.

Thanks,

Arun



quoting jayraj0071
H4 visa stamping with Previous employer H1B visa

Hi,
I have come to US with H1B for employer A and then got my H1B transfered and approved (I-797) for employer B and had started working for employer B for past one year now.My H1B visa for employer A is valid till August 2014 and new I-797 is valid until August 2015. Right now I am going to India for my marriage.I had consulted few legal attorney's and they have indicted that I don't need to get a new H1B on my passport as my H1 for employer A is still valid and I need to carry my new I-797 and employee verification letter with me when I leave the country and return back.And these need not be voluntariy provided to the immigaration officer unless specifically asked.

But I am not getting a definitive answer for this issue from everyone,someone says we need new H1B for the new employer and few others say our H1B for old employer still holds good.

Whether this will have any impact on H4 visa for my wife since she has to carry my documents for stamping with my old H1B visa on my passport with name of employer A and new I-797 with name of employer B,will there be a conflict ?? Please clarify.