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H1B RE-Stamping after moving to India and Change of Employer

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  • H1B RE-Stamping after moving to India and Change of Employer

    Hello ,

    I have H1b stamped still Aug 2018 (I797 and PoE till Aug 2018), was in US till Sept 2016 from employer A. Now I am India and want to moved back to US but from different employer say B (Either Indian or Direct US employer).
    1. Can I Travel to US using my current stamped H1b and then using new petition get the re-stamping in US ?
    2. Do I need to get a new petition from new employer, stamped H1b again and then only i can travel to US ?
    3. My family stamped H4 from employer A , never been to US , now want to took them with me. Do I need to re-stamped their H4 again ? If Yes, do i need to do it in India? .
    4. Do I need to follow the same 2 day procedure for H1b re-stamping ?

    Thanks a lot for your reply.

  • #2
    Originally posted by shankyboy View Post
    Hello ,

    I have H1b stamped still Aug 2018 (I797 and PoE till Aug 2018), was in US till Sept 2016 from employer A. Now I am India and want to moved back to US but from different employer say B (Either Indian or Direct US employer).
    1. Can I Travel to US using my current stamped H1b and then using new petition get the re-stamping in US ?
    2. Do I need to get a new petition from new employer, stamped H1b again and then only i can travel to US ?
    3. My family stamped H4 from employer A , never been to US , now want to took them with me. Do I need to re-stamped their H4 again ? If Yes, do i need to do it in India? .
    4. Do I need to follow the same 2 day procedure for H1b re-stamping ?

    Thanks a lot for your reply.
    1&2. Stamping cannot happen in US. What you need first in hand is the Approved petition of B, then you can either use it to get a new visa (advisable), OR travel with existing visa, and show B's approved I797 at the Port of Entry.
    3. Not required if you do not intend to go for stamping yourself. Again, as mentioned, what is first required is B's approved I797.
    4. Yes, if you want to attend interview with B's petition.

    This is my opinion not legal advice.

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