H1 Visa stamping upon H1-B transfer

[sudheeratwork]

I have changed employer last month and got my H1-B transfered. I have a valid visa from my earlier H1 and my H1 Visa is valid till Jan' 2006. Do I need to get my Visa stamped again if I want to go to India and return before Jan 2006? Does this create any confusion at the port of entry?

[sudheeratwork]

I think I found the answer my self

Refer to at American Competitiveness in 21st Century Act Policy Memo at

http://uscis.gov/graphics/lawsregs/handbook/ac21guide.pdf

It states that:

Admission Procedures for Nonimmigrants Claiming Portability The following procedures reflect the Service's January 29, 2001, memo.

An H-lB applicant for admission who is no longer working for the original petitioner is admissible at a Port of Entry (POE) pursuant to the portability provisions, upon presentation of the following evidence:

(a) that the applicant is otherwise admissible;

(b) that the applicant, unless exempt, is in possession of a valid, unexpired passport and visa (including a valid, unexpired visa endorsed with the name of the original petitioner);

(c) that the applicant was previously admitted as an H-lB or otherwise accorded H-lB status. If a visa exempt applicant is not in possession of the previously issued Form I-94, Arrival/Departure Record, or a copy of the previously issued I-94, the applicant may present a copy of the Form I-797, Notice of Action, with the original petition's validity dates; and

(d) that an H-lB petition was timely filed on behalf of the applicant, before expiration of the validity dates of the applicant's previously authorized period of stay. This evidence shall be in the form of a copy of a dated Form I-797 receipt notice reflecting that a new petition has been filed, or other credible evidence of timely filing that is validated through a CLAIMS query.

The nonimmigrant applicant is admissible to the validity date of the previously approved petition, plus 10 days.

[sal]

Plz Guide

Dear Sudhir

I am in the same position as you are.
As you have given the link from uscis, it definitely seems we can re-enter USA with previous employers Visa (unexpired) and New employers I-797 and I-94.

However does this hold true if previous employer has cancelled my I-797 petition which they had filed for me?

Thanks for the link! and Do let me know whetehr yoiu were able to re-enter US based on previous emp visa (unexpired) and new I-797 and I-94

Many thanks
-sal

[sudheeratwork]

according to my understanding.....

according to my understanding most of the ppl who tranfered their H1 will have had their H1 from previous employer cancelled by the previous employer unless he/she is also on the payroll of that employer.

So the fact that ur previous H1 is/was cancelled would not be an issue.

and again I am no legal expert...Check out the link and relavent matter at USCIS website. post the same if u can find some

[Balu]

Re

As long as your Visa ( with previous employer) in passport was not cancelled, and you have a valid I-797 you can reenter to US with that VISA. But you should show the new I-797 ( ie current employer) at port of entry to get the i-94 according to that I-797. If you didn't show him the new I-797, the immigration office at port of entry will issue the I-94 according to the VISA in passport.

As of my knowledge , Usually most of the employers won't cancel the H1b petition eventhough employee is not working for them. So I hope that won't be an issue.

-Balu