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Regarding my travel to India on H-1B/H-4 visas sponsored by old employer.

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  • Regarding my travel to India on H-1B/H-4 visas sponsored by old employer.

    Dear Experts,

    Greetings!!!

    I came in US on H-1B visa with my wife and son having H-4 visas.
    I have changed the employer recently and planning to go to India for 10 days after a month along with family.
    Our visas with the last employer are valid till September 2015. My new employer had transferred and extended these visas till June 2017.

    I spoke to the attorney (who had helped my present employer to transfer and extend these visas) and specifically asked that whether I need to go for stamping again at India as our passports still have visa stamps from the old employer. Attorney says that re-stamping is not required for you and your family as the visas with previous employer is still valid.

    Lot of people say that re-stamping is absolutely required as you have changed the employer.
    Now I am bit confused and nervous in travelling to India and would like to understand whether we can face any issue at the Port Of Entry with old employer visas?

    Kindly guide me based on your experience and facts whether in this scenario we need to go for stamping again or not?
    If not what documents I need to carry for me and my family while returning back to US.

    Thank you,
    Aakaash

  • #2
    Originally posted by Aakaash View Post
    Dear Experts,

    Greetings!!!

    I came in US on H-1B visa with my wife and son having H-4 visas.
    I have changed the employer recently and planning to go to India for 10 days after a month along with family.
    Our visas with the last employer are valid till September 2015. My new employer had transferred and extended these visas till June 2017.

    I spoke to the attorney (who had helped my present employer to transfer and extend these visas) and specifically asked that whether I need to go for stamping again at India as our passports still have visa stamps from the old employer. Attorney says that re-stamping is not required for you and your family as the visas with previous employer is still valid.

    Lot of people say that re-stamping is absolutely required as you have changed the employer.
    Now I am bit confused and nervous in travelling to India and would like to understand whether we can face any issue at the Port Of Entry with old employer visas?

    Kindly guide me based on your experience and facts whether in this scenario we need to go for stamping again or not?
    If not what documents I need to carry for me and my family while returning back to US.

    Thank you,
    Aakaash
    You dont need to go for stamping. The only issue upon return could be that you get I-94 only till Sep 2015, instead of June 2017, as many officers at POE nowadays give I-94 only till Visa Expiry date. Even if you get I-94 only till Sep 2015, you can request extension by filing I539.

    This is my opinion not legal advice.

    Comment


    • #3
      Hello Aakaash,

      I am also in the same situation but we are in India and changed the employer. Planning to travel to the US with previous employer's H1 &h4 and new employer's approved petition. Were you able to travel to the US? any issues at POE?

      Looking for your valuable response. It would be great helpful if you respond with your case.

      Thank you.

      Comment

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