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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. KKS

    KKS Junior Member

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

    Hello Giri,

    Were you able to come back without any problems at the POE.I m in the same situation as you.Your response wil be greatly appreciated
     
  2. KKS

    KKS Junior Member

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

    Hello Giridh,

    Were you able to come back without any problems at the POE.I m in the same situation as you.Your response wil be greatly appreciated
     
  3. vijaymadhavan

    vijaymadhavan Junior Member

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

    Hi Ron,

    My visa stamping with my previous employer is valid until Oct 2012. I recently requested for the h1 transfer to other company under normal processing (Not the premium one). It is still under "Initial review" stage. Now i am planning to visit india during december (next month). Can i come back to US using my old visa stamping which is valid until Oct 2012 ? or will i have any problem in coming back because my transfer process is still not completed...

    Thanks.

    Vijay.
     
  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 may travel using your yet-unexpired H1B visa, current H1B I-797 approval notice, and receipt for your pending H1B petition.
     
  5. poorab

    poorab Junior Member

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

    Hi,
    I joined employer A in India and got H1B stamped. I went to US for 3 months and came back to India. And then, I left employer A and joined employer B. Now after 9 months of my work with employer B (in India) , I am getting an opportunity to join employer A at their US office.
    I still have valid H1B valid (for 2 more years) which was stamped by employer A earlier.

    Would there be any problem?
    I heard that I would have to go for a re-stamping in India...?
    or Can I directly join employer A in US if I have an offer letter from them....?

    Appreciate your timely help.

    Regards,
    Poorab
     
  6. Ron Gotcher

    Ron Gotcher Attorney at Law

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  7. Nayana

    Nayana Junior Member

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

    Hi Ron,
    Could you please let me know if the above rule is still Valid? I have a valid visa stamp in my passport from my old employer which is expiring in Nov 2012, and I got my visa transferred to my current employer in OCt 2011. I am going for a vacation to India in Aug, returning in Sep. Can I still enter to US with my old visa stamp from the previous emplyer + new petition doc from current employer?

    Thanks
     
  8. purvihp

    purvihp Junior Member

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

    Hey Ron,

    I am in a situation where i have company A visa valid on my passport till march 2013 and i changed employer with gap in employment and now i have company B H1b approved but without new I-94. (on approval notice its mentioned consulate Mumbai)

    So my HR and company's attorney suggested me to go out of country and just enter on my valid visa from company A and new petition from company B. I am afraid what they say is that right? or do i need to go for stamping again in India before i come back to US for my company B job.

    Purvi
     
  9. deepu

    deepu 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 have below situation with regards to H1B transfer:
    I have valid H1B for companyA till Sep2013
    I already travelled USA with this H1B for Company A & now came back to India
    I got an offer from company B in US who are willing to transfer my H1B & are filing for it
    As I understand from this thread, I can travel to US on valid H1B Visa stamp & new I797 petition (let me know if anything else is required).
    However, per company A policy in India when I'll resign, they will cancel my H1B with stamp (they ask for passport & send it to US consulate to cancel Visa stamp).
    I have two options to travel back to US:
    1) Travel back to US without resigning company A & notify them when I reach USA. (I don't prefer that as my experience & relieving letter will be at stake).
    2) Get a new Visa stamp for company B after getting new I797 & then travel back to US.
    I don't want to resign until I get a new valid stamp on my passport.

    Now I have 2 questions:
    1) Can I get a new Visa stamp although my old Visa stamp is still valid?
    2) In-case company A cancels my Visa & somehow I prevent my Visa stamp on my passport, can I travel with unexpired Visa stamp of company A and company B I797?

    Thanks
    Dipu
     
  10. ALAGAPPANMV

    ALAGAPPANMV Junior Member

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

    Hi ,

    I have h1b visa approved for the client 'A',but yet to travel to USA. i need to transfer my h1b visa to client 'B' .how long will it take to transfer from india. or i can travel to usa using client 'A' then transfer from usa will it be easy ,please clarify

    Regards
    Alagappan
    Bangalore,India
     
  11. Ajkumarwork

    Ajkumarwork Junior Member

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

    Hi Ron,

    My Case is also bit similar i had been in US for 3 years did my masters and later on worked on OPT and then had the H1B and then i came to india
    and my visa to got stamped and valid till 2015 but i havent back to US for 8 months and my employer told me that he will revoke my h1b petition but fm 8 months i had seen is USCIS site that my petition is still active and recently a new employer is interested in filling a H1B / Transfer for me my questions is
    do i need to go for a visa stamping ( i do have a h1b visa stamped with validate till 2015) or can i enter in to US on the old visa with the new petition

    Please help me on this.

    Kumar.
     
  12. robinzid

    robinzid New Member

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    Hi Ron,

    I have similar question from the earlier posts. My current employer visa is till sept 2014 and I am doing an extension and transfer to my new employer. I am expecting the visa to be approved by another 15 days ie mid of August.I have plan to travel to India after getting new I797 copy. May be in September and plan to come back before my Visa expiration date. I am planning to resign from my current employer A once the employer B petition is approved. So when I come back to US mostly I may not be working with employer A or employer B. I will have only the new I797 approved.
    1, Am I allowed to travel when I am nor working with any of the employers.
    2, If I take decision not to resign from current employer till I come back to US , during POE which I797 I have to show to the officer. My new I797 will only have the extended stay in US.

    Thanks,
    Robin
     
  13. Ron Gotcher

    Ron Gotcher Attorney at Law

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    Yes, it is still valid and recognized.
     
  14. Ron Gotcher

    Ron Gotcher Attorney at Law

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    The AC21 legislation contains a statutory exception to the general rule that when you apply for an extension or change of status and then leave the country, your application becomes invalid. The AC21 legislation explicitly provides that someone who holds H1B status, and applies for a change of employer may travel on the strength of their unexpired visa, old I-797, and new receipt notice. They will be admitted until the end of the period authorized by the old approval notice, but authorized to work for the new employer.
     
  15. robinzid

    robinzid New Member

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    Hi Ron,

    Thanks for the reply. Can I go for stamping with approved 1797 of new employer. As I am not joining my new employer till I come back, I cannot furnish the latest payslips during stamping. I wish to stamp because I don't want to keep an expired visa stamp in my passport and I can do an emergency travel if required.
     
  16. Ron Gotcher

    Ron Gotcher Attorney at Law

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    In that case, you need an employment verification letter from the new employer.
     
  17. robinzid

    robinzid New Member

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    Hi Ron,

    What all documents would be required POE if I travel without stamping. I am concerned about the pay stubs.

    I will have the documents .

    1, I797 approved.
    2, Old I797
    3, Visa stamped passport based on I797
    4, If required I can get employment confirmation letter also.

    Will it be sufficient for me to travel back to US without any issue.

    Thanks,
    Robin
     
  18. Ron Gotcher

    Ron Gotcher Attorney at Law

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    You need a valid visa to enter. If you don't have a valid visa, it doesn't matter what else you have.
     
  19. Ashu A

    Ashu A New Member

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    Ron and others - you guys have been extremely helpful. I have been following this thread from quite a while and need some help. I know you have clearly stated Aytes memo of 1997 and few other info that states one can travel back to US with unexpired Visa in unexpired passport from previous employer as long as someone has valid i797 petition from new employer. but i can't seem to find this information anywhere on US govt website or matter the fact any website other than immihelp, murthy etc.

    Can you let us know where this can be seen, i mean on the govt websites ? this question came up bcz USCIS website doesn't have anything archived later than 1998 and they have clearly mentioned, anything that is not present on their website may be outdated.

    Please help, i am traveling out of US this saturday (9/3/16)

    Thanks so much!!

    AA
     
  20. Ron Gotcher

    Ron Gotcher Attorney at Law

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    I don't have a PDF of the document, but here is the exact text:

     

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