H1B employer change v/s Travel outside USA

J

jaygita

Registered Users (C)
I worked for employer A, and H1 and Visa was valid till 9/30/2001.
Filed H1 extension,got the new I-797 valid till 9/30/2004 for A.
Then, sent mine and my wife\'s passports to Dept of state, St. Louis, and got the visa stamp revalidated till 9/30/2004 for employer A.
 
The issue date on the renewed visa against A is 2/25/2002.

However, I changed to employer B, and the approval receipt date is also 2/25/2002.
I joined the new employer B on 3/18/2002, and am still waiting for the final approval notice (I-797)
My wife has travelled to India on 3/31/2002 and she will be in India at least till the renewed papers (i-797) for new employer arrive for me and for her

Questions:
1. Can my wife re-enter USA without the new stamping for employer B ?
(She already possesses a visa (H4) for A valid till 9/30/2004, and will carry the new I-797 approval for B)
 --->If yes, any supporting documents should she take with her, just in case she is questioned by the immig officer at POE ?
 --->If no, is it ok to get the new visa stamped in India, even if she has a prior H4 valid visa stamped ?

As per the department of state website, one does not need new visa if merely changing employer, and can re-enter USA on old employer visa with the new I-797, but I just want to know if someone faced similar situation and got over. Also, what if the old H1 is cancelled by the former employer, does the Stamped Visa still holds true till it\'s validity ?

thanks in advance !!
Sanjay
 
old visa stamp + new employer approval..

has been generally allowed at all POEs. But recently POEs are "vigilant" and are subjecting many H1/h4 people to trick Qs in similar situations.
If you get the I797 and your spouse has enough time at home country, it does not hurt to get the visa stamped in the passport. Might cost you about $200.
If you think that your spouse can talk through some thick headed POE officer and be calm and collected by the harassment, she can use the new I797 copy (with a letter from your new employer) to enter US.

It will definitely irritate a POE officer if she first shows the old stamp and then after the POE says that H1 is cancelled, she shows up the new employer related docs.
 
Need for consular notification for stamping ?

When going for stamping in India, will there be a need to inform INS over here, so that they notify the US consulate in India regarding the stamping ? I read it somewhere that the consular in foreign country needs such notification for visa stamping. If so, how to do that ?
thanks
Sanjay
 
Ask your lawyer to

write to INS and send the notification. For a fee INS will do the notification.
 
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