2 H1Bs - One Stamped, the Other Not - Entering the US

S

SAPSD

New Member
Hi

I was in the US since 2004 till 2006, when I returned to India. I got my H1B Visa Extension stamped in 2006 in India, but did not return to the US.

The extension expires this November. My earlier company is now reluctant to take me back.

However, another company had filed for my H1B this year and the approval came through last week.

I have the following questions :

(1) Can I enter the US on my earlier Visa stamping, but present the documents of my new company during immigration clearence ? Will this be accepted and could I enter the US ?

(2) Or, after presenting the documents of my earlier company at immigration and entering, can I straightaway start working for the new company ?

(3) Should I go for new H1B stamping on the new company's documents ? What are the chances of Stamping without issues ?

Please advice
 
SAPSD said:
Hi

I was in the US since 2004 till 2006, when I returned to India. I got my H1B Visa Extension stamped in 2006 in India, but did not return to the US.

The extension expires this November. My earlier company is now reluctant to take me back.

However, another company had filed for my H1B this year and the approval came through last week.

I have the following questions :

(1) Can I enter the US on my earlier Visa stamping, but present the documents of my new company during immigration clearence ? Will this be accepted and could I enter the US ?

(2) Or, after presenting the documents of my earlier company at immigration and entering, can I straightaway start working for the new company ?

(3) Should I go for new H1B stamping on the new company's documents ? What are the chances of Stamping without issues ?

Please advice
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People in the past entered US on a company's H-1B visa even though the intent is to work for a different company. This will create lot of problems in future.

At the port-of-entry, you will be entering the receipt # and the petitioner name (i.e., company's name) on the back of your I-94 card. That itself should clearly mean that the intention to enter US was to work for a particular company.

In your case, it is best to get a new stamp.
 
I guess you can still use the old H1B visa stamping and show the new employer's petition if you are working for new employer and returning after a vacation trip or something (where you are not able to get stamping).
Make sure you show the new petition at the immigration not the old one.
I have done that before.

But its only ur discretion. Better to get a new stamping if you have enough time for stamping.
 
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