HIB stamping in USA

A

atokhi

Registered Users (C)
Hello,

I recently moved to a different position in my company and they applied for a new H1B as the nature of job had changed. I had gone to Toronto for visa stamping after I had got my earlier HIB visa and those stamps are valid until May 2005. But it seems that I have to get new visa stamps again since my company applied for new HIB status. My question is whether I have to travel abroad to get new visa stamps again or can I get the stamping done in US itself since I have earlier H1B visa stamp for the same company? If it is possible in US, can someone please point me to the related information.

Thanks.
 
Last edited by a moderator:
Originally posted by atokhi
Hello,

I recently moved to a different position in my company and they applied for a new H1B as the nature of job had changed. I had gone to Toronto for visa stamping after I had got my earlier HIB visa and those stamps are valid until May 2005. But it seems that I have to get new visa stamps again since my company applied for new HIB status. My question is whether I have to travel abroad to get new visa stamps again or can I get the stamping done in US itself since I have earlier H1B visa stamp for the same company? If it is possible in US, can someone please point me to the related information.

Thanks.
Click to expand...

You understood incorrectly, you do not need to get a new visa just because you have a new H1 approval. H visas are valid until expiration regardless of any changes in employer.
 
I am pretty sure ...

Hello nkm-oct23,

Thanks for your response. I am pretty sure my company's legal team said that I need to have fresh visa stamps. They also advised me to let them know in advance if I plan to travel internationally so that they can prepare documents to be used for my visa stamping.

Well, there are two changes in my current visa approval as compared to the previous one. First, my title has changed as this is a different position in a different work area. Secondly the petitioner is a different legal entity as my original company was merged with the current one. Just to make the second point more clear, my original employer (say company A) was a wholly owned subsidiary of company B, which was later merged with company B. So the technically, company A had sponsored my original visa while company B has sponsored this one. But if I understand your point correctly, you are saying that a change in employer doesn't make a difference if I have valid visa stamps. I wonder why my legal team wants me to get new stamps then.
 
Re: I am pretty sure ...

Originally posted by atokhi
Hello nkm-oct23,

Thanks for your response. I am pretty sure my company's legal team said that I need to have fresh visa stamps. They also advised me to let them know in advance if I plan to travel internationally so that they can prepare documents to be used for my visa stamping.

Well, there are two changes in my current visa approval as compared to the previous one. First, my title has changed as this is a different position in a different work area. Secondly the petitioner is a different legal entity as my original company was merged with the current one. Just to make the second point more clear, my original employer (say company A) was a wholly owned subsidiary of company B, which was later merged with company B. So the technically, company A had sponsored my original visa while company B has sponsored this one. But if I understand your point correctly, you are saying that a change in employer doesn't make a difference if I have valid visa stamps. I wonder why my legal team wants me to get new stamps then.
Click to expand...

I will stick to my position that a new H1 visa is NOT required when you change jobs or get a new I-797 H approval. It does not matter if your are at a new company, have a different job title, salary. The position of BCIS and US dept of state is that the visa continues to be valid until expiration as long as you hold a valid and current H1 approval. Neither US dept of state nor a US consulate will issue you a new H1 visa if you already have a valid visa that is not expiring in less than 3 months.

I have changed 4 jobs in the US on H1 and never was I advised to get new visas just to reflect new employer. I have also used a unexpired visa issued in a previous employer's name to enter US and had no problems whatsoever. I am not sure why your employer's legal team is advising you to get a new visa but the opportunity to collect addiitonal fees is not ruled out.

This assumes that you were never out of status/overstayed I-94 on H1 or changed status to another category other than H1 before returning to H1. If so, the visa becomes void and you will need a new visa.
 
Crucial Q

Do you have a new I94 that matches the new H1 validity date? Then you dont need a h1 stamp... otherwise you do.
 
I got the I-94 card with the new H-1 approval notice that has the same validity date (Sept 2006) as the H-1 approval notice itself. As I understand, this I-94 card supercedes the validity of white I-94 card (Sept 2005) that I got at POE when I entered US last time. Is this correct?

I wish to clarify a related issue as well. My wife is on H-4 and she got a new I-94 card also with the approval notice. Her earlier I-94 card had expired in May 03 (see this thread that disusses this issue http://boards.immigration.com/showthread.php?s=&threadid=90176 ) but my attorney said that this new I-94 has rectified that situation. So the bottom line again, do you still think we need new visa stamps?

Thanks
 
Originally posted by atokhi
I got the I-94 card with the new H-1 approval notice that has the same validity date (Sept 2006) as the H-1 approval notice itself. As I understand, this I-94 card supercedes the validity of white I-94 card (Sept 2005) that I got at POE when I entered US last time. Is this correct?

I wish to clarify a related issue as well. My wife is on H-4 and she got a new I-94 card also with the approval notice. Her earlier I-94 card had expired in May 03 (see this thread that disusses this issue http://boards.immigration.com/showthread.php?s=&threadid=90176 ) but my attorney said that this new I-94 has rectified that situation. So the bottom line again, do you still think we need new visa stamps?

Thanks
Click to expand...

You don't need new visa stamps. One thing to understand is the a visa stamp is useful only to apply for entry into US at a Port of Entry. Once admitted inside US, a visa is pretty much useless. A visa stamp therefore is not required for working in the US. Since you already have visa stamp that is valid and you were never out of status, you do not need another one.
 
From DoS website

This is an extract form the page:

http://travel.state.gov/revals.html#5

"If you changed employers and received a new I-797, Notice of Action, you may reenter the U.S. with a valid visa in the appropriate category and the valid I-797 from your new employer, even though the visa is annotated to reflect your former employer. The Visa Office will not revalidate a visa to reflect a change of employer unless the visa will expire in sixty days or less.
 
H1b stamping in USA

Dear fellows.

Iam venezuelan and I got first time visa h1b on sept 2002 valid until Aug. 2005. Visa is not stamped in my passport and I want to know how this visa can be stamped in my passport here in usa. I read in this forum something about St. Louis. Any form to fill up, what are the procedures, I need a Lawyer to do that, How much it is the cost and also at the same time my wife and son (visa h4) passport be stamped.
Any information regarding first time stamping will be very much appreciate and do not hesitate to contact me at wmpsurv@yahoo.com.
marineven:)
 
you must go back

Sorry my friend, you must go back to Caracas for stamping. You may also go to Mexico or Canada, and try to do it there; but is somehow risky, since they can refuse to process your case, and send you back to Venezuela.
US stamping is only for renewals of some visas, and certain countries are excluded. They can also refuse to do it, and send you back to your home country.
When you go there, first make sure you have copies of all your papers, and have an appointment. Be patient, consular officials may (and will; first hand experience:mad: ) be very nasty. Make sure you have everything you may need with you.
The following links might be helpful:
http://travel.state.gov/visa;tempwkr.html
http://travel.state.gov/revals.html
http://embajadausa.org.ve/wwwh990.html
http://embajadausa.org.ve/wwwh134.html
 
Re: you must go back

Originally posted by Rich00
Sorry my friend, you must go back to Caracas for stamping. You may also go to Mexico or Canada, and try to do it there; but is somehow risky, since they can refuse to process your case, and send you back to Venezuela.
US stamping is only for renewals of some visas, and certain countries are excluded. They can also refuse to do it, and send you back to your home country.
When you go there, first make sure you have copies of all your papers, and have an appointment. Be patient, consular officials may (and will; first hand experience:mad: ) be very nasty. Make sure you have everything you may need with you.
The following links might be helpful:
http://travel.state.gov/visa;tempwkr.html
http://travel.state.gov/revals.html
http://embajadausa.org.ve/wwwh990.html
http://embajadausa.org.ve/wwwh134.html
Click to expand...
Richo00
Many thanks for your reply and useful information.
Best regards
 
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