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Can I go for a new h1B stamping when I have a valid one with me.

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  • Can I go for a new h1B stamping when I have a valid one with me.

    Dear All,

    I have a valid H1B stamp on my passport from employer A , although I have not traveled yet. I was planning to travel in January my visa got stamped in June.
    Now in the meanwhile, I have received a good job offer from employer B and they want to file a new H1B petition, please can you answer the following;

    1. Can I hold multiple H1B stamps from different employers , is this allowed ? If yes, what happens to the previously stamped visa ?
    2. Can I travel late after stamping ?

    Please help me , looking forward to your replies.

    Sincerely,
    Mahen

  • #2
    1. Can I hold multiple H1B stamps from different employers , is this allowed ? If yes, what happens to the previously stamped visa ?
    >>> You can travel to U.S on any valid H1B visa (even if it has employer A's name on it) as long as you carry H1B petition of the employer whom you will be working in U.S (Employer B's petition in your case). You can also apply for a new H1B visa. The old one will be cancelled and then they will decide whether to issue or reject the new visa based on employer B's petition.

    2. Can I travel late after stamping ?
    >>> Yes. You will need to carry the last employment verification letter from the employer when you travel.
    Not a legal advice. Use of this information is strictly at your own risk.

    Comment


    • #3
      Confused.

      Hi ,

      Currently the scenario is I have got my petition approved and my employer A is encouraging me to go for the interview and I strongly beleive there are high chances of me getting a Visa through A, although employer B is also ready but not yet filed and is just starting the process. With employer B I feel there are less chances of me getting a visa.

      If I go for the interview right now for employer A and get the visa stamped and do not travel and later appear for an interview for B. I have a risk of jeopardizing both the visa's as the earlier visa will be cancelled.

      I am totally confused. please can you advice.

      Thanks,
      Mahen

      Comment


      • #4
        Originally posted by fanaticfl0yd View Post
        Hi ,

        Currently the scenario is I have got my petition approved and my employer A is encouraging me to go for the interview and I strongly beleive there are high chances of me getting a Visa through A, although employer B is also ready but not yet filed and is just starting the process. With employer B I feel there are less chances of me getting a visa.

        If I go for the interview right now for employer A and get the visa stamped and do not travel and later appear for an interview for B. I have a risk of jeopardizing both the visa's as the earlier visa will be cancelled.

        I am totally confused. please can you advice.

        Thanks,
        Mahen
        As Shervin mentioned; you can get the visa stamped from A and when you travel; use the employer letter from B with the visa stamp from A

        Comment


        • #5
          Originally posted by rvisak View Post
          As Shervin mentioned; you can get the visa stamped from A and when you travel; use the employer letter from B with the visa stamp from A
          Is H1B not bound to an employer ? How can I travel without a visa transfer ?

          Comment


          • #6
            Originally posted by fanaticfl0yd View Post
            Is H1B not bound to an employer ? How can I travel without a visa transfer ?
            A visa stamp is different from a visa transfer. To work for an employer; you need to be working on an approved H1 petition in the name of that employer. To enter US you need a valid visa stamp. When you enter, the visa stamp might say Emp A but if you will be working for Emp B and have an approved petition based on Emp B then you will be allowed to enter US without any issues.

            This is not legal advice. If you still have doubts suggest you consult an experienced immigration attorney

            Comment


            • #7
              Originally posted by rvisak View Post
              When you enter, the visa stamp might say Emp A but if you will be working for Emp B and have an approved petition based on Emp B then you will be allowed to enter US without any issues.
              AFAIK, s/he will also need to carry the petition document and produce on demand at the POE.
              This is my opinion. Not a legal advice

              Comment

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