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Is H1B Visa Stamping Needed after H1B transfer? Is ther any recent USCIS law change?

Discussion in 'Working Nonimmigrant Visas' started by sriram, Jan 12, 2011.

  1. sriram

    sriram Junior Member

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    I am having valid H1B visa till SEP 2011 with my old company A, recently i have transfered (Got approved) my H1B visa with my new company B. so if i goto India, do i really need to go for H1B stamping again to reenter US or still my old H1B visa with company A will be valid (with approved H1B petition with company B)?

    I heard through some of my friends that because of recent USCIS/CBP Immigration policy/law change in 2010-2011 we need to go for stamping after H1B transfer...is that true?


    Really Appreciate for your wonderful help.



    Thanks a lot
    Ram
     
  2. Ron Gotcher

    Ron Gotcher Attorney at Law

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    Re: Is H1B Visa Stamping Needed after H1B transfer? Is ther any recent USCIS law cha

    Not true. If your H1B visa has not yet expired, you may use a combination of that visa and your current I-797 approval notice to re-enter the US (at least until your visa expires).
     
  3. sriram

    sriram Junior Member

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    Re: Is H1B Visa Stamping Needed after H1B transfer? Is ther any recent USCIS law cha

    Thanks a lot, much appreciated !!!

    Some friends are suggesting that we need to get/carry some Immigration Attorneys letter explaining why we NO need to go for stamping...is it really essential?

    Is it still this rule is valid and not yet revised?

    While i reenter into US with old company A H1B Stamping, in CUSTOMS which date they will give it in I-94? whether the Old visa validity date or New Approved H1B Petition Expiry Date?

    Also if i am not going for Visa stamping, but if i am sending my wife for H4 visa stamping until what date they will give the visa? Till my Old visa validity date or based on my New Approved H1B Petition Expiry Date?


    Really Appreciate your clarification.


    Thanks
     
  4. Ron Gotcher

    Ron Gotcher Attorney at Law

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    Re: Is H1B Visa Stamping Needed after H1B transfer? Is ther any recent USCIS law cha

    You most definitely do not need an attorney letter when you return. If you want to print anything, print that 1997 Aytes letter (which is still valid).
     
  5. sriram

    sriram Junior Member

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    Re: Is H1B Visa Stamping Needed after H1B transfer? Is ther any recent USCIS law cha

    Hi Ron,

    In that case, while i reenter into US with old company A H1B Stamping, in CUSTOMS/Immigration what date they will give it in I-94? whether the Old visa validity date or New Approved H1B Petition Expiry Date?

    In India, if i send my wife for new H4 visa stamping until what date they will give the visa to her? Till my Old visa validity date or based on my New Approved H1B Petition Expiry Date?


    Really Appreciate your clarification.


    Thanks
    Ram
     
  6. Ron Gotcher

    Ron Gotcher Attorney at Law

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    Re: Is H1B Visa Stamping Needed after H1B transfer? Is ther any recent USCIS law cha

    The current H1B petition expiration date is always supposed to control the length of stay. The only exception is when your passport is going to expire earlier than that date. If you get a shorter date, you should ask to see a supervisor. In the case of your wife, she should get a visa valid through the end of your current I-797.
     
  7. Smwoks

    Smwoks Junior Member

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    Re: Is H1B Visa Stamping Needed after H1B transfer? Is ther any recent USCIS law cha

    Ron, just had a follow up question from your previous replies on this thread. I am in a similar situation wherein I have a valid H1B visa that expires in Nov. 2011 from previous employer that I left in May 2011. I then found a new job, transferred H1b and got a new I797 approval with the new employer.

    I would like to travel to my home country (India) for 3 weeks and return back before Nov. 2011. From your previous replies, it seems like I can come back to US without getting a new visa stamp on my passport. However, my question is, even though my passport has a visa from previous employer that says "valid" until Nov. 2011, what if my previous employer has already revoked my H1b with them since I left them in May 2011 and its been 4 months since. Will my visa with them (expiring in Nov 2011) still be considered "Valid" ?

    If yes, then I believe I could travel and come back to US with the "Valid" visa from previous employer and new I797 from current employer. Is that right ?

    Thank you for your help Ron.
     
  8. Ron Gotcher

    Ron Gotcher Attorney at Law

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    Re: Is H1B Visa Stamping Needed after H1B transfer? Is ther any recent USCIS law cha

    Your visa remains valid because you have a currently valid H petition approval. When you come back, make sure that the CBP officer gives you an authorized stay through the end of your current I-797 approval notice. If you get anything less, insist on speaking with a supervisor about it before you leave the airport so that he or she can correct it.
     
  9. giridh

    giridh Junior Member

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    Re: Is H1B Visa Stamping Needed after H1B transfer? Is ther any recent USCIS law cha

    Hi Ron,

    Here is my situation and I would greatly appreciate if you could help.

    I have had an H1B visa transfer and my passport has the the H1B stamp of my old employer which is valid until sep'12. However, that passport has expired and I now have a new passport. I am traeliing to India for 3 weeks.

    1) Do I need to get H1B stamping in India?
    2) Please let me know if I need to carry any other documents other than my all my passports, I-797s and I-94. I will also take my pay stubs and employment letter just in case.


    Thanks.
    Giri
     
  10. Ron Gotcher

    Ron Gotcher Attorney at Law

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    Re: Is H1B Visa Stamping Needed after H1B transfer? Is ther any recent USCIS law cha

    Generally, CBP will accept a combination of a new passport and an expired passport with an unexpired visa in it.
     
  11. arjun418

    arjun418 Junior Member

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    Re: Is H1B Visa Stamping Needed after H1B transfer? Is ther any recent USCIS law cha

    Hi Ron,

    Thanks a lot for your post on the Aytes letter.. a quick question .. does the time gap between the date of expiry of your visa and your date of entry into the US matter? I am planning on returning to the US with 35 days left on my previous employer visa validity... will that be okay? and my new employer's approved petition is valid for a further 100 days.. i read somewhere that if your previous employer visa is about to expire anyway.. u must get the new employer visa stamp.. hence my question.. sorry if this sounds repetitive... thank you !
     
  12. Ron Gotcher

    Ron Gotcher Attorney at Law

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    Re: Is H1B Visa Stamping Needed after H1B transfer? Is ther any recent USCIS law cha

    You must have an unexpired visa. It doesn't matter which petition was used to obtain it. If the visa has expired, however, you cannot use it as an entry document.
     
  13. arjun418

    arjun418 Junior Member

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    Re: Is H1B Visa Stamping Needed after H1B transfer? Is ther any recent USCIS law cha

    Hi Ron,

    Thanks a lot for the quick reply. Here are my details. Visa stamped in my passport for previous employer - March 10th 2012. I plan to make a trip to India on Jan 13th 2012 and return on Feb 3rd 2012. The time left from Feb 3rd 2012 to March 10th 2012 is just 35 days although technically I will entering the US with a valid visa. Is this a cause for worry? and one more detail(not sure whether it matters when i re-enter) - my petition with my current employer is valid until May 8th 2012.

    Sincere Thanks,
    Arjun
     
  14. Ron Gotcher

    Ron Gotcher Attorney at Law

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    Re: Is H1B Visa Stamping Needed after H1B transfer? Is ther any recent USCIS law cha

    You may enter on the last day of the visa's validity.
     
  15. arjun418

    arjun418 Junior Member

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    Re: Is H1B Visa Stamping Needed after H1B transfer? Is ther any recent USCIS law cha

    Thanks a lot Ron !
     
  16. sandeep

    sandeep Junior Member

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    Re: Is H1B Visa Stamping Needed after H1B transfer? Is ther any recent USCIS law cha

    Hi Ron,
    I am also in a similar situation. I have H1B visa (academic H1B) stamp valid till Dec. 2012. I came to US in Dec. 2010 using this visa.

    Then I transferred my status to O1 and then again to H1B (industrial) with another employer. I am visiting India in December 2011 and coming back January 2012. I am in confusion if I need H1B visa stamping again or since I have valid H1B visa stamp, I can use approved I 797 and old H1B stamp to enter US ?

    Many thanks in advance,

    Sandeep
     
  17. Ron Gotcher

    Ron Gotcher Attorney at Law

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    Re: Is H1B Visa Stamping Needed after H1B transfer? Is ther any recent USCIS law cha

    As long as you have a currently valid I-797 for H1B, an unexpired H1B visa, and are coming to work as an H1B, you have what you need.
     
  18. sandeep

    sandeep Junior Member

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    Re: Is H1B Visa Stamping Needed after H1B transfer? Is ther any recent USCIS law cha

    Thanks for the reply Ron. Does it matters if the H1B visa stamp was for a non profit organization (cap exempt) and I will be now entering with cap subject I797 and cap exempt H!B stamp? Will there be any issues?

    Sandeep
     
  19. Ron Gotcher

    Ron Gotcher Attorney at Law

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    Re: Is H1B Visa Stamping Needed after H1B transfer? Is ther any recent USCIS law cha

    No, that doesn't matter at all. The only thing that matters is that it is an unexpired H1B visa.
     
  20. sandeep

    sandeep Junior Member

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    Re: Is H1B Visa Stamping Needed after H1B transfer? Is ther any recent USCIS law cha

    Thanks for the quick reply Ron. Appreciate all the help..
     

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