My multiple entry H1B visa stamp shows my previous company A

S

sjsong

New Member
I am currently working at company B and the H1 is valid until 2003.
However, my multiple entry visa stamp shows my previous company A\'s name. The letter from my lawyer mentioned that I don\'t need a new multiple entry stamp.

Last May 2001, I traveled abroad. When I return to the US, the immigration officer pointed it a problem. After showing lawyers doc and hours of checking, they allowed me go.

I am planning another trip to foreign country in two months, I am afraid if the new immigration regulation becomes more strict after the terrorist\'s attact
I am wondering if I will need to update my multiple entry visa stamp before the trip?
if yes, where I can get the new stamp? What kind of docs do I need to prepare?
If not, what is legal reason for that?

Thanks,
--ssj
 
Act Fast

You need to revalidate your stamp with the new stamp . Visit this link and click on revalidation.
http://travel.state.gov/visa_services.html

However 2 months might not be enough to receive your passport back. See the other posts in this forum about revalidation.

Other option is to go to canada or mexico (www.nvars.com) and get the new stamp. Here also immediate appointments are not available.

If you are travelling to your home country you can also get the stamp from the local US consulate.

Although AC21 provides you relief, your detainment and the warning given by the officer at POE will be recorded in your file. So you cannot claim ignorance or shield under AC21 again.
Act fast.
 
It is very strange.

I am in the same situation and I traveled to overseas Dec. 2001 and came back Jan 2002 without any problem. Whole family\'s visa H1 and H4 has company A\'s name on it. I am going to have another trip soon. I am wondering do you have any other facts to cause this happened. Do you have your company B\' approval notice with you while you travel?
 
Clarification

Hi,

I am in a similar position..with an old company\'s H1 visa stamped. I too was told (by friends) that it would not be a problem, but I gather from his forum that it could potentially be a problem.

If anyone has any clarification, it would be helpful. Also, I plan to get married and bring my wife...when she applies for visa would that have any problems, as I have old company visa stamped.

Thanks.
 
AC21 ...

Had automatic revalidation a benefit for such cases. But INS officers at different POEs are giving different intrpretations.
Since you are going to get married and are going to apply for H4 for your spouse, you can do the revalidation of your H1 at the consulate at the same time. It will take the same amount of time for H4. That way you do not have to suffer the uncertainty.
Make sure that you have all the documents required for a H1 stamping (consulate stamping requires more documentation than revalidation at St.Louis)
 
The POE\'s have no authority here

Per INS Associate Commissioner Michael Aytes\' memo of July 8, 1997 this present no problem. Commissione Aytes directed all District Directors, Officers-in-Charge, the Office of Benefits, Service Center Directors, and Port Directors to issue I-94s for the entire validity period of the underlying petition. The memo addressed exactly this situation.

Jim

James D. Mills
Attorney at Law
jdmills@justice.com
732-644-5702
 
See Murthy.com on her experience with POEs of Washington dulles...

Where she points out that intrepretations are rampant and unless the candidate insists on a supervisor\'s intervention this has not happenend in reality.
 
Well, that sounds like a problem at Dulles

It doesn\'t mean that everyone needs to make certain to have a new visa stamp whenever they make any border crossing. The Aytes memo specifically states:

  The issue arises where, for example, an alien enters the United
  States as an H-1B nonimmigrant on the basis of a petition filed
  by “Company A.” After commencing employment, the alien receives a
  more attractive job offer from “Company B.” Company B files a new
  H-1B petition in the alien’s behalf which is approved by the INS.
  The alien then begins employment with Company B. The alien
  subsequently leaves the United States and then applies for
  admission as an H-1B nonimmigrant alien to work for Company B
  presenting the H-1B visa issued to him based on Company A’s
  petition.
              
  Be advised that the current Service and DOS policy is that, in the
  case of an H, L, O, or P nonimmigrant visa, the visa remains valid
  during its validity period regardless of a change in the
  beneficiary’s employer. As long as the alien remains in the same
  nonimmigrant classification, the visa is considered to be valid up
  until the date of its expiration. An H, L, O, or P nonimmigrant
  alien who changes employers in the United States, but remains in
  the same nonimmigrant classification, may use the previously
  issued visa to apply for admission to the United States if it is
  still valid.

It doesn\'t get much more on point than that.

Jim

James D. Mills
Attorney at Law
jdmills@justice.com
732-644-5702
 
It is not a problem: Clarified

All,

Thanks for all the clarifications on this subject. In particular thanks to Jim and others for taking time to post on this subject

Just to re iterate it is NOT a problem to re-enter US on previous company\'s H1 visa stamped on passport as long as the visa duration and passport validity has current (not expired). But do have the current employers I-797 form with you when you re-enter, and a letter from HR stating that you work for XYZ company.

I was also informed by my company\'s immigration lawyer (I trust him as he is good and belongs to the largest immigration firm in US) that visa stamped has NOTHING to do with previous employer cancelling the petition...they are mutually exclusive. In other words even if previous employer does cancel (unlikely, due to hastle one employer part) your visa stamped can be used to reenter US. In fact he went on to add that if I was to try to go to get it done in Canada they might not do it due to non criticality of situation! and further it clogs up the system. I will be able to file for revalidation 60 days prior to expiry of visa either in US (by mail) or if I am going abroad at a US consulate...but ONLY before 60 days of expiry and not before.

I hope this helps others who are in similar situation. Again thanks for everyone who posted on this subject.
 
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