H1 b visa restamping

[hus]

Hello,

I am currently on H1 B visa with stamping from Company A which is valid till September 2012. I have transferred by Job to Company B. I have received my visa transfer approval and extension till 2014.

Since I was never out of status I am allegeable to apply for re stamping from Mexico and Canada. If I decide to go to any one of these consulates for getting the stamping and the visa is denied for any reason, will they cancel my other valid visa?

Or can I enter back in U.S with my old visa?

Do I also need to get visa for Mexico or Canada before going for interview?

Thanks in advance and would really appropriate any guidance in this regards.

Thanks,
Hus

[kabkaba]

Hello,

I am currently on H1 B visa with stamping from Company A which is valid till September 2012. I have transferred by Job to Company B. I have received my visa transfer approval and extension till 2014.

Since I was never out of status I am allegeable to apply for re stamping from Mexico and Canada. If I decide to go to any one of these consulates for getting the stamping and the visa is denied for any reason, will they cancel my other valid visa?
It is possible.
Or can I enter back in U.S with my old visa?
If not canceled.
Do I also need to get visa for Mexico or Canada before going for interview?
Yes.
Thanks in advance and would really appropriate any guidance in this regards.

Thanks,
Hus

You do not need to get a Visa until the current one expires in 2012. After that only when you leave the US you will need to apply for a Visa. Choice is yours.

[hus]

Thanks for the reply.

[shervin143]

Like mentioned in the previous reply, you don't need to get the H1B visa stamped just because you changed your employer. You can use the existing valid visa (stamped with the previous employer's name) with the new approval notice to re-enter U.S.

[hus]

I know i can stay with same visa. however my previous employer is pressing to submit my passport to cancel the visa which was issues through them.

They are saying if i dont submit by passport i could be marked as “ Absconding case” and could land up in trouble.

I don't know if that is true or not.

[shervin143]

They are just bluffing. The petition belongs to them and not the visa. They can withdraw the petition. They cannot revoke the visa. You don't have to handover your passport to them. I don't understand what they mean by “Absconding case”. If you have already filed the transfer and if has been approved, then you don't have to worry about anything. Your stay in the country is legal. If you have relocated, remember to file AR-11 form. They are just trying to scare you. Consult an attorney if you are still worried.

If the previous employer did not pay your final settlement (last month salary or so), tell them you are going to complaint to DOL.

I know i can stay with same visa. however my previous employer is pressing to submit my passport to cancel the visa which was issues through them.

They are saying if i dont submit by passport i could be marked as “ Absconding case” and could land up in trouble.

I don't know if that is true or not.

[hus]

Thanks a lot for reply.

I will be exiting the country, however i have a valid visa for another year. As per the rules i have read i can get back in the country by showing new I797. Right?

however is it recommended to get the visa stamped with the new employer? when you exit and come back.

[shervin143]

I will be exiting the country, however i have a valid visa for another year. As per the rules i have read i can get back in the country by showing new I797. Right?
>>> Right. You can use the existing visa with the new approval notice.

however is it recommended to get the visa stamped with the new employer? when you exit and come back.
>>> Not required. It is upto you if you want to keep everything in order.

[kabkaba]

'Absconding case' is probably something related to your employer's definition of exiting employees. They may be like 'proper exit with notice and settling dues' as against 'absconded or stopped showing up to work'. So in their process if you do not give them the passport, they will not give you an experience letter at most. You can get letters from your colleagues stating the duration and nature of your work for future applications.
If they refuse to pay you the salaries due, you can exert some pressure yourself. You can threaten to complain to DOL for unpaid salary. There is no law that requires you to get the Visa canceled.

[Mohit_M]

H1B Transfered but can I enter US with the H1B from previuos employer?

Hello Sir,

I need your Expert Advice on this.

1)I came to US in May 2013 with Employer A with a VISA H1B validity till 2016. (VISA stamped on my passport till 2016 with A)
2)I changed my Employer to B in May 2016 (Employer B applied visa with letter from Client X and I got the VISA approval with a Employer B and Client X) PS: Never got it stamped as I was in US all this time.
3)Project for Client X got Scrapped and my employer moved me to Client Y and applied for the transfer in regular processing which is expected to get approved by January 2015.
4)I have an urgency to visit India next month and my Employer B attorney is saying that I can leave US and return without getting fresh stamping.
He is suggesting that Petition from Employer B with client X and VISA sticker on Passport from Employer A would be OK while entering US back.

Kindly guide me with your expertise.

Best Regards,
Mohit