H1 restamping

[gaptl]

Hi,

I have my H1 visa with a company A and now I am now working with company B for about a year. My current visa with company A is valid th February 2009. I am planning to visit India sometime in November for a month.

Do I need to go for visa stamping for company B. I got the transfer approval for company B ?

G

[orion]

No.

[gaptl]

Thanks

Appreciated your quick response orion.

G

[shatathodi]

Do you have a I-797 from your current/new employer? If not, you should work on getting that. You cannot work for Company B when your H1-B visa says that it is from company A. If you do have your I-797, then you SHOULD be getting a new H1-B stamp on your passport with your current employers' name on it.

[orion]

I assumed OP has a valid petition with employer as B on it valid till FEB09 and visa on passport from A valid till FEB09, if thats the case and travel is in NOV08 for a month then stamping is not needed.

If you do have your I-797, then you SHOULD be getting a new H1-B stamp on your passport with your current employers' name on it.

Please verify your answers before posting.

[txh1b]

Do you have a I-797 from your current/new employer? If not, you should work on getting that. You cannot work for Company B when your H1-B visa says that it is from company A. If you do have your I-797, then you SHOULD be getting a new H1-B stamp on your passport with your current employers' name on it.

Did you just pass this new guidance into CBP manuals?

[gaptl]

I have the I-797 approval from company B

Do you have a I-797 from your current/new employer? If not, you should work on getting that. You cannot work for Company B when your H1-B visa says that it is from company A. If you do have your I-797, then you SHOULD be getting a new H1-B stamp on your passport with your current employers' name on it.

Hi shatathodi

I have the I-797 approval from company B and it has i-94 validity until Sep 2010. I think I do not need to go for restamping since I have a valid visa to come back in US.

G

[shatathodi]

gaptl, txh1B: Your H1-B visa has the name of company A printed on it. That means your stay in US is contingent on you working for Company A. When that is not the case, your H1-B visa is not valid. Your stay in USA as of now is ONLY supported by your I-797 from company B.

If you recall, when you enter the US, you are always asked if you work for the company named on your H1 visa. What would you say then?

What we "think" does not matter. If you still manage to come back from your visit, it only means that you got lucky. If I were you, I would not take that chance because you do not lucky with immigration officials very often and I would not afford the $$ consequences if I am held at the airport.

[txh1b]

gaptl, txh1B: Your H1-B visa has the name of company A printed on it. That means your stay in US is contingent on you working for Company A. When that is not the case, your H1-B visa is not valid. Your stay in USA as of now is ONLY supported by your I-797 from company B.

If you recall, when you enter the US, you are always asked if you work for the company named on your H1 visa. What would you say then?

What we "think" does not matter. If you still manage to come back from your visit, it only means that you got lucky. If I were you, I would not take that chance because you do not lucky with immigration officials very often and I would not afford the $$ consequences if I am held at the airport.

You obviously do not know what you are talking about while challenging others about something that you don't know about.

I would suggest you get some more knowledge about immigration laws before trying to "educate" others.

9 FAM 41.53 N8.3-3 Validity of H-1B When There is a
Change of Employer
(CT:VISA-1041; 09-26-2008)
a. After changing H-1B employers in accordance with DHS procedures for
making such a change, an H-1B visa holder may continue to use his or
her original H-1B visa for entry into the United States. Upon applying for
entry, the visa holder must present the new Form I-797, Notice of Action,
evidencing the approval of the change of employer in addition to the visa.

[orion]

Hey, you should be stripped of right to post here after your last message.

[shatathodi]

I should be stripped of the right to post for trying to keep somebody on the safe side? If that is your way of dealing with arguments, go ahead. This will be my last posting.

If you wish not to take legal liability of your advise (Which is what you claim), you should offer the safest one AND mention the existence of a rule.

I still stand by my opinion that getting a stamp is the safest way to deal with INS.

I wish all of you good luck.

[txh1b]

I still stand by my opinion that getting a stamp is the safest way to deal with INS.
.

Opinions are like "you know what", everyone has one. No, your safeside argument does not hold good, at least in this instance. There is no rule that you claim to talk about. You have been provided text from a state.gov document.

It is okay to accept if one is wrong and correct it. That is the best thing to do than refrain from posting. You could have learned one or two new things during your short stay here if you were open and willing to read.

BTW, any person that is not a lawyer can have a disclaimer. I was just following your own safeside argument in this Be informed that a layperson not professionally qualified to practice law can and will not stand by their statements. Are you a lawyer that is willing to stand by your statements?

[shatathodi]

Yes. I will stand by my opinion. If you have been denied entry based on the ONLY fact that you got your new H1-B stamped on your PP when your old one was still valid, please let me know and I will be willing to correct my opinion.

[txh1b]

If you have been denied entry based on the ONLY fact that you got your new H1-B stamped on your PP when your old one was still valid, please let me know and I will be willing to correct my opinion.

It is foolish to argue like you do. Feel free to stand by your opinion. It does not matter much. Like I said, opinions are like "--------", everyone has one!

[knowledgeable]

It just doesn't make sense ...

... this is like buying two airline tickets, just in case the first one does not work or is lost. Then you keep both the tickets in the same wallet in your hip pocket.

Voilà! You lost both. So now what? Of course, you purchased yet one more (third one) ticket just in case you lose the other two!

Get it?

Its good to be safe, but stupid just to go to AMCON, pay for a stamping after wasting a whole day when its absolutely not necessary.

People do this every day, just relax and cool down.