H1 portability

[dkswamy]

I was working on a H1 ( non profit) visa with organization A, with the validity of the H1 between Mar 2007 through Mar 2010. I was able to get my visa stamped when I visited India in Jan 2008. I resigned the position in Sept. 2008 to complete some course requirements at my graduate school, thereby reverting back to a F-1 visa which was approved in December 2008. Upon completion, I took up a position in organization B, which sponsored my H-1. However, I was allowed to work immediately upon the filing of the papers, as I was told that since my previous H1 expires only in April 2010, I fit under the category of portability, and I would be able to work immediately following the filing of the H1 visa. I received my new I-797 and LCA in July.

1) If I were to travel back to India, Would I need to appear for a visa stamping once again? The reason I am asking this is because the immigration lawyers at Organization B told me that I would not need to since I fall within the "portability" clause and that my I-797, letters of employment and pay stubs from my current workplace would suffice. However, I moved to a F-1 inbetween and then reverted back to a H-1. Will this affect the portability?

Thank you for answering my question in this regard.

 

[GotPR?]

If your visa stamp in passport is still valid, you don't need to get a new stamp.

However, you need to be aware that you did unauthorized work when you joined B. H1 portability that allows ones to start working at new employers as soon as H1 gets filed works only if you were on H1 status. You were on F1 status when you joined B and you should have waited for H1 approval.

 

[dkswamy]

Thank you very much for your response. I was told by the immigration lawyers at Organization B that I would be able to work as soon as my H1 visa papers were filed and a receipt was obtained. The visa was approved an actual day before I commenced working, but I received the LCA and new I-797 in July.