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H1-B Stamping Required ?

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  • H1-B Stamping Required ?

    I have a valid H1-B visa Stamped till Dec 2007. I am changing employer and transfering H1-B from one company to another. If i visit India before 2007 December, do i still need to get visa stamped for new I-797 again even if i have the valid stamped visa till Dec 2007 ?

    Thanks

  • #2
    Hi,

    When you go back to india and return they will check whether you have a valid visa stamping for atleast 6 months from that entry date and approval notice. This is just my opinion and not legal advise, anyway consult senior people on the forum to get better idea.


    Thanks
    abcde

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    • #3
      If you are going for your vacation before you start working for the new company you need not bother. Going for visa stamping is a big hassle these days. So if you have your visa valid, you should go and come back before starting work with the new company..

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      • #4
        If you are having valid visa till Dec 2007, then why to worry? Just go and come back before starting work with the new company..

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        • #5
          If i go to India after Starting job at new company and after H1 is transfered is approved, do i need to restamp it since i have a valid stamp for previous company till the end of next year

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          • #6
            Hi,
            As far as the VISA goes, there are just two things checked at the immigration port of entry,
            (1) Are you still legal to stay in the US [subj. to 6 yrs of stay in US]
            (2) Is your visa valid for atleast 6 months from the date of entry.

            In such a case, you need to show your earlier I-797 papers first. And the VISA for the same. It does not matter as long as you have required [but not contradicting documents] with you. When they swipe your VISA, it is tracked by the Petition Number on the VISA. So, normally you should not have any issues. As this has been the order of the day, which people have been using for years (as far as I know).
            Have no worries and enjoy your trip.

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            • #7
              2. Is your visa valid for atleast 6 months from the date of entry.

              I dont think the second is a valid criteria. Last year a friend entered the US when I had 3 weeks left on his visa before I filed for an extension. As soon as he entered the US, he filed for the 3 year extension and got approved.

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              • #8
                so whats the decision? is it required to get it stamped for rentry if we change employers even thou we have 6 months left on H1B visa.

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                • #9
                  You do not have to get a new visa stamped. There is nothing like 6 months validity. This applies to passport validity of 6 months.
                  Last edited by broadersoftware; 09-07-2006, 06:47 PM.

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                  • #10
                    Originally posted by broadersoftware
                    You do not have to get a new visa stamped. There is nothing like 6 months validity. This applies to passport validity of 6 months.
                    Correctly said.
                    1) There is no such 6 month validity timeframe. I entered US with only 1 month of validity left in september this year.

                    2) There is no need to get a restamping, after switching employers as long as the date on visa for old company is valid.

                    take care.

                    Comment


                    • #11
                      H1-B Stamping Required ?

                      I have same consurne, Should we check Old company 797 is valid ?

                      Comment

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