H4/H1b visa stamp: change of employer

akayal

New Member
I am currently on an H1B visa with Company A and I have a valid H1B visa stamp, valid till Feb 1, 2006. I am changing my job and planning to move to Company B in September. Company B has filed an H1B petition on my behalf. I hope to get my new H1B approval notice before I switch jobs in September 2003.
I will be travelling to India in January, 2004 for my marriage. My wife will then apply for an H-4 visa.


I have two questions:


1. Do I need a new visa stamp to reenter the USA? I already a H1B visa stamp valid till Feb 1, 2006 and have never been out of status.
2. Can my wife apply for her H-4 based on my new I-797 approval notice from employer B, even though the visa stamp on my passport bears the annotation of the company A?


Thank you,
 
Originally posted by akayal
I am currently on an H1B visa with Company A and I have a valid H1B visa stamp, valid till Feb 1, 2006. I am changing my job and planning to move to Company B in September. Company B has filed an H1B petition on my behalf. I hope to get my new H1B approval notice before I switch jobs in September 2003.
I will be travelling to India in January, 2004 for my marriage. My wife will then apply for an H-4 visa.


I have two questions:


1. Do I need a new visa stamp to reenter the USA? I already a H1B visa stamp valid till Feb 1, 2006 and have never been out of status.
2. Can my wife apply for her H-4 based on my new I-797 approval notice from employer B, even though the visa stamp on my passport bears the annotation of the company A?



Thank you,

This question has been answered many times but here are the answers:

1. You do not need another visa stamp as long as the previous visa is valid. You will also need to present your H1 approval notice from current employer B when you seek re-entry into US.

2. Your wife will apply for her H4 visa based on your current H1 approval with your employer B, not based on the H1 visa stamp in your passport. You will need to present your H1 approval notice (along with other documents) for her H4 application.
 
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