Expert please help - Do I need H1B Re-stamping

A

Aakash28

Registered Users (C)
Hi,

There are two parts to parts to my query -

a) I recently had to switch jobs from Company A to Company B (got laid off from Company A as soon as I returned from India after getting my H1B Stamp - for Company A). Now I need to travel to India in the first week of April on an urgent basis. I have already gotten H1B Transfer done successfully (from Company A to B). But now I am confused as to what I should do so that I can return back to US without any problems once I travel to India. Do I need to get new H1B Visa stamp (for Company B) or can I come back on the same old H1B stamp (for Company A) that I got just couple of months back.

b) Incase I can come back on the same old H1B stamp than what happens if the immigration officer at the POE questions me about - how come I have H1B Stamp from Company A and the H1B Transfer (I-797) from Company B? Or, why have'nt you gotten a new H1B stamp for Compnay B - What should me my reply for these? Can he refuse me to enter based on this reason. So experts kindly help. I will greatly appreciate a feedback.

Thanks
 
Aakash28 said:
Hi,

There are two parts to parts to my query -

a) I recently had to switch jobs from Company A to Company B (got laid off from Company A as soon as I returned from India after getting my H1B Stamp - for Company A). Now I need to travel to India in the first week of April on an urgent basis. I have already gotten H1B Transfer done successfully (from Company A to B). But now I am confused as to what I should do so that I can return back to US without any problems once I travel to India. Do I need to get new H1B Visa stamp (for Company B) or can I come back on the same old H1B stamp (for Company A) that I got just couple of months back.
------- you CAN come back to US with valid Visa stamp of A and at POE show the passport Visa stamp AND the new H1 approval notice, you will get I-94 till the validity of your new H1 tranfer approval, check your I-94 date at POE if any mistake point it to officer or ask for supervisor by law they need to give you I-94 till your new H1 transfer approval
b) Incase I can come back on the same old H1B stamp than what happens if the immigration officer at the POE questions me about - how come I have H1B Stamp from Company A and the H1B Transfer (I-797) from Company B?
--- it happen every day, they dont ask if you show passport valid Visa stamp AND new H1 approval letter ( better keep new employer letter with you and show ONLY if asked)
Or, why have'nt you gotten a new H1B stamp for Compnay B - What should me my reply for these? Can he refuse me to enter based on this reason. So experts kindly help. I will greatly appreciate a feedback.
---read above

*** once the Visa stamp of A expires in your passport and you go next time out of US you WILL NEED H1 Visa stamp based on B H1 approval to reenter US
Thanks
Click to expand...
 
Another related query

Thanks Ginnu, I greatly appreciate your feedback.

By the way by "employer letter" do you mean the "employment letter" (which states the date of hire and salary) or do I have to get a separate letter from the employer for the purpose of this travel.

Thanks again for your reply and all your help.
 
Aakash28 said:
Thanks Ginnu, I greatly appreciate your feedback.

By the way by "employer letter" do you mean the "employment letter" (which states the date of hire and salary) or do I have to get a separate letter from the employer for the purpose of this travel.
-----letter from employer B that you work for them with recent date on it and what you do and salary ,date you joined B,( it is not must, just keep with you , show at POE ONLY if asked);-'
Thanks again for your reply and all your help.
Click to expand...
 
rajkonduru said:
I am in the similar boat. I got my H1 B approval from company A in May of 2004, I have a valid H1 B until Dec of 2006. I got my H1 B transfered to Company in July of 2004. I am likely to visit India in a week. I want to know, if I can come back with the Visa stamp of the Company A and approval of Company B.
--YES you can come before Dec of 2006 or CAn use that Visa stamp for entry to US till validity of visa stamp of A at POE show the visa stamp and newHJ1 approval notice of B and check yourI-94 date at POE, you should getI-94 till your new H1 approval
Please pardon me for asking the same question, I just want to make sure if there has been any recent change in the law in regards to the re-entry to US.

help greatly appreciated!!!!

Thanks,
Raj
Click to expand...
 
Hello there,
I am in the similar boat. Got stamping done for company A in Nov'04 - Changed to company B in Jan'05 - Now planning to go to India in Apr'05.
I was under the same assumption that I would not require any stamping again, coz my Visa stamp/I-94 is valid until Oct'06. But my new company(B) says that I would require one. So I am kinda confused. I heard since they started this Bio-visa thing (i.e. fingerprinting when getting a stamp which is later verified at POE) rules have changed. Kindly enlighten!!

Thanks
A
 
Hi abhijik,

I will go as per Ginnu. My Company is not very familiar with the process - but I have asked couple of other guys and they also confirm what Ginnu said.
 
abhijik said:
Hello there,
I am in the similar boat. Got stamping done for company A in Nov'04 - Changed to company B in Jan'05 - Now planning to go to India in Apr'05.

I was under the same assumption that I would not require any stamping again, coz my Visa stamp/I-94 is valid until Oct'06.
---you are correct
But my new company(B) says that I would require one.
----Ignore what employer B says they are not lawyer only intrest in cut
So I am kinda confused. I heard since they started this Bio-visa thing (i.e. fingerprinting when getting a stamp which is later verified at POE) rules have changed. Kindly enlighten!!
----- Now everyone who goes to consulate for Visa staming has to give fingerprint. those who have valid visa without fingerprint that Visa stamp is still valid
Thanks
A
Click to expand...
 
I am also worried about this....

What happens if the previuos employer had cancelled the Visa..?
I have got H1 stamping in Jan 2005 and vis is valid till Aug 2007 (H4 stamping for my wife is still pending). I am planning for H1 transfer. Would there be any issues for H4 stamping and any issues if travel to india...

Thanks
Kishroe Kumar K
 
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