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H1b Visa Transfer And Stamping

Discussion in 'AC 21 I-140 Portability' started by Gauravshekhar, Nov 12, 2014.

  1. Gauravshekhar

    Gauravshekhar New Member

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    Hi Team,
    I have joined the Organisation "X" few months back.
    My I797 is approved upto May 2017 with this "X" organisation.
    On my passport I have my previous company visa (which is valid till Aug 2016).
    So If I am planning to go to India for 2-3 weeks in November 2014, does a new visa stamping is required on new I797(X organisation), or I can use my existing old company stamped visa for re-entry in US ?
    My previous employer has also revoke the old h1b petition.


    //Gaurav shekhar
     
  2. Ron Gotcher

    Ron Gotcher Attorney at Law

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  3. Gauravshekhar

    Gauravshekhar New Member

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  4. Gauravshekhar

    Gauravshekhar New Member

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    Thanks Ron , one more question.can a person travel outside usa while his h1b transfer is in process with some other organization.
     
  5. Ron Gotcher

    Ron Gotcher Attorney at Law

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    Yes. A January 29, 2001 immigration service headquarters memo to the field (HQOPS 70/20)advised:

    An H-lB applicant for admission who is no longer working for the original petitioner is
    admissible at a POE. pursuant to portability provisions in AC21, as long as certain conditions
    listed below are met. If these conditions are met, the H-1 B applicant is "admissible to the validity
    date of the previous H-IB petition, plus ten days. H-4 applicants-for admission, who are
    dependents of H-I B aliens employed pursuant to visa portability provisions, must meet these
    same requirements.

    1) The applicant is otherwise admissible.

    2) The applicant, unless exempt under 8 CFR212.1, is in possession of a valid,
    unexpired passport and visa (including a valid, unexpired visa endorsed with the
    name of the original petitioner).

    3) The applicant establishes to the satisfaction of the: inspecting officer that he or she
    was previously admitted as an H-lB or otherwise accorded H-IB status. If a visa
    exempt applicant is not in possession of the previously issued Form 1-94,
    Arrival/Departure Record, or a copy of the previously issued 1-94, the applicant may
    present a copy of the Form I-797, Notice of Action, with the original petition's
    validity dates. ยท

    4) The applicant presents evidence that a new petition was filed timely with the Service
    Center, in the form of a dated filing receipt, Form 1-797, or other credible evidence of
    timely filing that is validated through a CLAIMS query. In order 10 be a timely filing,
    the petition must have been filed prior to the expiration of the H-IB's previous period
    of admission. It must be emphasized that the burden of proof remains with the alien
    to prove that he or she is admissible as an H-18 and eligible for visa portability
    provisions described in AC2!.​
     
  6. Gauravshekhar

    Gauravshekhar New Member

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    Thanks for reply, what if person is still working with previous organisation and come back on old company visa and then resign after entered to country.meanwhile the h1b transfer process is happening in background.
     
  7. Ron Gotcher

    Ron Gotcher Attorney at Law

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    That is the only instance where the new I-94 on the approval notice supersedes the I-94 issued at entry after filing for the change.
     
  8. Gauravshekhar

    Gauravshekhar New Member

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    Thanks Ron,So what is your advice, should a person travels while h1b visa transfer is taking place or should avoid traveling outside Usa if possible.
     
  9. Ron Gotcher

    Ron Gotcher Attorney at Law

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    You may travel safely, but make sure you carry the old I-797 approval notice, the receipt notice for the new H1B filing, a currently unexpired H1B visa, and a valid passport.
     
  10. Gauravshekhar

    Gauravshekhar New Member

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  11. Gauravshekhar

    Gauravshekhar New Member

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    Hi Ron,just want to be double sure.i came to usa by company A, I 797 (approved till 30 August 2016) EAC xxxx , in New Jersey . My visa is stamped on this i797 upto August-30-2016. After spending some days in NJ, My company A has shifted me to Chicago and file a h1b amendment with new I797 starting WACxxxx. I have left the company A so they cancel/revoked my h1b petition starting WACxxxxxxx not EACxxxx one.I have joined company B in June 2014 and I 797 is approved till may 2017. Now if I travel to India in November do I need a visa stamping on new company's B i797. Remember I have valid h1b visa on company A's EACxxxxx till August 2016 which is still showing valid on uscis site.
     
  12. Ron Gotcher

    Ron Gotcher Attorney at Law

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    No you don't. Please read the earlier posts in this thread.
     

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