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H1B Re-stamping Question

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  • H1B Re-stamping Question

    Hi All,

    I have a H1B re-stamping question for you.

    My H1B stamping expires in Feb 2016, however my H1B I-797 expires in Oct 2016. Is it okay for me to go to Canada and get my H1 re-stamped which will be valid till Oct 2016?
    (The current H1B stamping I have is from my previous employer and the I-797 which is valid till Oct 2016 is from my current employer)
    I heard that we can get a new H1B stamping 6 months before the current stamping expired OR Do I need to wait for the current stamping to expire and then get it re-stamped? Not sure about the same.

    Please help.

    Thanks
    Last edited by needH1Help; 09-03-2015, 11:33 AM.

  • #2
    Is there a reason why you want a new H1B visa stamped? Visa is required only when you leave the country and want to re-enter back. Valid visa is not required to stay in U.S. Also, you can use the visa from the previous employer to re-enter U.S by carrying the new employer's approval notice.

    To answer your question, yes, you can go to Canada for H1B stamping. You can go anytime. But just think if it is really needed in your case.
    Not a legal advice. Use of this information is strictly at your own risk.

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