H1 stamping and Labor certification

tinks

Registered Users (C)
Hey folks

I have worked for an Indian company in US for 4 years. I then quit and joined another company B. I got my new I94 and I129 from the new company. My stamped visa from the first company expired in Marh 2005. I am planning to make a trip to India in Nov 2004.

- do I have to get a new Visa stamping cause I changed my employer or can I re enter on my previous visa stamping?

- Will it make a difference if my new employer has filled for my green card. ( there is a question on the H1 form-- has anybody filled an immigration on your behalf?)

- If my orginal petion was from Bombay... do I have to apply for my new stamping from bombay or can I apply in delhi too ( which is the better?)

- Does it make a difference if my new company is very small (15 employees)

Please help as I have to make this trip. it is very important... I am getting engaged :)
 
tinks said:
Hey folks

I have worked for an Indian company in US for 4 years. I then quit and joined another company B. I got my new I94 and I129 from the new company. My stamped visa from the first company expired in Marh 2005.
----- do you mean it is valid till March 2005 or expired in March 2004????
I am planning to make a trip to India in Nov 2004.

do I have to get a new Visa stamping cause I changed my employer or can I re enter on my previous visa stamping?
------- if the visa stamp from past employer is Valid when you enter US then show the Visa stamp AND H1 transfer approval and you will get I-94 till H1 approval notice
- Will it make a difference if my new employer has filled for my green card.
----- NO
( there is a question on the H1 form-- has anybody filled an immigration on your behalf?)

- If my orginal petion was from Bombay...
------------------ your petition was approved by USCIS not bombay it was only notigied that you will get your H1 from Bombay
do I have to apply for my new stamping from bombay or can I apply in delhi too ( which is the better?)
------ if you reside under Bombay then apply Bombay if you are under Delhi apply Delhi check the US consulate mumbai site
- Does it make a difference if my new company is very small (15 employees)
----- that is not a problem if they have not violated H1 law/regulation in past
Please help as I have to make this trip. it is very important... I am getting engaged :)
 
Thanks Ginnu...
I meant that my Visa expires in March 2005.

So as long as my old 797 is valid (expires march 2005) and I have my new I129 I can re-enter without a problem?

Thanks,
 
tinks said:
Thanks Ginnu...
I meant that my Visa expires in March 2005.

So as long as my old 797 is valid (expires march 2005) and I have my new I129 I can re-enter without a problem?
------- you have Visa stamp valid till March 2005, you can re-enter with that Visa AND show your new H1 approval notice at POE you will get I-94 till your H1 approval notice. check your I-94 at POE if any mistake point out to officer or ask for supervisor to correct the I-94 date
Thanks,
 
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