H1 Visa Stamping - change of employer

A

AlluriM

New Member
Hello all,

a) I changed my h1 status from one employer to another employer....and in my passport my visa is valid until feb 2007.....I am planning to go to india in May for my marriage.. do I need to go to visa again in india or not...or shall I come back with my old visa by carrying my new I-797A Form.

b) Is there anyone who came back from india recently without taking visa(i.e changing from one employer to another employer)..and is there any problem at port of entry...

c) IF we came back with out any problem at port of entry also is there will be any problem for H4 visa if she went for visa later on after I came to USA.

D) Today when i am browisng Delhi US Embassy website...i found some information regarding H1B Employer change

"After changing H-1B employers in accordance with Department of Homeland Security (DHS) procedures for making such a change, an
H-1B visa holder may continue to use his or her original H-1B visa for entry into the United States. Upon applying for entry, the visa holder must present the new Form I-797A, Notice of Action evidencing the approval of the change of employer in addition to the visa. "

Here is the link also...http://newdelhi.usembassy.gov/wwwhnivhl.html

Members - Pls. let us all know your views.

Thanks once again

Alluri
 
Here are answers to all your queries.



a) I changed my h1 status from one employer to another employer....and in my passport my visa is valid until feb 2007.....I am planning to go to india in May for my marriage.. do I need to go to visa again in india or not...or shall I come back with my old visa by carrying my new I-797A Form.--

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Answer: You don't need to take new visa. your old visa is good.-
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b) Is there anyone who came back from india recently without taking visa(i.e changing from one employer to another employer)..and is there any problem at port of entry...
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Answer: I did that 3 times. Last time I came to usa my visa was going to expire after 7 days and still there was no problem at POE
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c) IF we came back with out any problem at port of entry also is there will be any problem for H4 visa if she went for visa later on after I came to USA.

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Ans:my wife got H4 visa 15 days ago from my old visa. So no problem.
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Just enjoy your trip and have fun in your marriage.
 
Reentry with old visa

programmer76 said:
Here are answers to all your queries.


b) Is there anyone who came back from india recently without taking visa(i.e changing from one employer to another employer)..and is there any problem at port of entry...
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Answer: I did that 3 times. Last time I came to usa my visa was going to expire after 7 days and still there was no problem at POE
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Click to expand...

Programmer76,

Can you please shed some light on your response to point-b? I am in a situation where my current stamp will be expiring in the next 9 days when I reenter the US.

My current stamp is valid until May 5, 2005 and I am planning to reenter the US on April 26, 2005. Will it be an issue? I will have 9 full days for my current stamp to expire after I reenter the US.

  • Didn't they ask u any question at the POE when u tried to reenter?
  • Didn't the people (immigration officers) back there in ur home country airport raise an issue that ur visa is expiring in the next couple of days?
  • Are there any rules like the visa shouldn't be expiring in the next x number of days when u reenter the US?
  • What documents do u suggest carrying related to visa on the trip that would help reenter?

Please let me know ur response. Appreciated in advance.

Thanks.
 
My stamp was going to expire after 7 days but i had my new approval receipt which was valid for approximately next 2 years at my POE.


Didn't they ask u any question at the POE when u tried to reenter?
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Ans:Yes officer looked at my visa and saw that my visa was going to expire after 7 days. So He asked me if there was any change of status regarding my job situation. I showed him my new I797 and that was the thing he needed. He gave me I94 with information of my new employer and new I797 petition.
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Didn't the people (immigration officers) back there in ur home country airport raise an issue that ur visa is expiring in the next couple of days?
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Yes, even people at JFK and also at airports in Bombay when looked at my visa asked me.."oh your visa is going to expire in a week !!" and I just replied " YES I KNOW". They shouldn't be asking that and its none of their busines. But not to worry about them. They can ask questions but can not do anything about it.
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Are there any rules like the visa shouldn't be expiring in the next x number of days when u reenter the US?
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Ans:There is no rule like that. You can enter a day before of your existing visa expires.I confirmed that with Mr. rajiv Khnna.
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What documents do u suggest carrying related to visa on the trip that would help reenter?
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Answer:visa , original I797 approval notice, your recent paystubs should be good.
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You should know and also all the US consulate websites in India also posts that visa doesn't mean that you are 100% guaranteed entry. If they found something suspicious or whatever they don't like then they can stop you. You can ask Narendra Modi about that. But it happens very rarely so don't worry.

If your visa is going to expire in a week or next few days and you don't want to be asked lot of questions at POE then its better to have new original approved I797 with you and you should be fine. Enjoy your trip!
 
Programmer76

When i am going to india i have to submit my both I 94 or only the one which was given when i came to USA..last time..
Because after I changed my employer i got new I94 with my I797 Approval notice which was attached at the bottom of that New I797..
So please advice me whether to submit both of my I 94 or only one which was given to me at POE when i entered last time...

What r the documents that i have to take with me for my wife H4 visa...when i am going to india...

Thanks in advance
Alluri
 
There are two opinions about it. some people submit both of them and some people don't. In my case I just submitted the one which was given to me at POE when i entered last time.I did it all the three times when i travelled to India on my old visa.

Regarding H4 documents, If you read the other forums in this group then you will come across lot of posts about it. Basic and most imortant documents are..

employement verification letter from your company
your recent paystub
Your w2s
marriage certificate
marriage pictures
marriage cards
your name in your wife's passport

And whatever the consulate officer's mood is...He can ask anything and it is advisable to carry all the documents your wife has from your side and her side.
 
programmer76 said:
There are two opinions about it. some people submit both of them and some people don't. In my case I just submitted the one which was given to me at POE when i entered last time.I did it all the three times when i travelled to India on my old visa.

Regarding H4 documents, If you read the other forums in this group then you will come across lot of posts about it. Basic and most imortant documents are..

employement verification letter from your company
your recent paystub
Your w2s
marriage certificate
marriage pictures
marriage cards
your name in your wife's passport

And whatever the consulate officer's mood is...He can ask anything and it is advisable to carry all the documents your wife has from your side and her side.
Click to expand...

In my wife's case, we didn't have her passport with my name on it, but the process went fine as no questions asked. Make sure to take the marriage certificate and that is I think sufficient enough to make the connection between a husband and wife. That's what I think how the consulate takes it. Well...if you have ur name on ur wife's passport it's always good.

Other than that...take all the documents Programmer76 mentioned and also take at least 30 pictures of your wedding in a small album. Don't clutter it up too much but just to show them that it's a real wedding cover the album with pictures across the wedding events.

Also if u r going to US C in Chennai for H4 I would suggest that u take ur wife's picture on a studio near the consulate as in my wife's case the officer complained about the picture size but was good enough to ask my wife to take the picture near the studio. She took the picture and went back immediately after showing a pass at the gate and everything went fine after that.

Good luck.
 
Paystubs - Required OR nice to have?

I have a similar case. I have visa stamp on my passport from my previous employer and now I want to travel to India.

My question is that do we need the new employer paystubs or is the new apporval (I797) enough to re-enter. The reason why I am asking is because right now I am on bench and don't have pay stubs.

Is paystubs a required document or is nice to have?

Thanks
 
sonudada said:
I have a similar case. I have visa stamp on my passport from my previous employer and now I want to travel to India.

My question is that do we need the new employer paystubs or is the new apporval (I797) enough to re-enter. The reason why I am asking is because right now I am on bench and don't have pay stubs.

Is paystubs a required document or is nice to have?

Thanks
Click to expand...

I beleive for travel purposes it's a nice to have thingy. But when it comes to stamping/revalidation it's a definite musto.
 
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