Need for new H1B visa stamping after transfer??

A

avithani

Registered Users (C)
Hi all,
Hope somebody can give me a definitive answer on this issue.

I have transfered from Company A to Company B and have been working for Company B since August 1, 2004. My original H1B visa stamping is valid till November 30, 2005 and my I-94 also has the last date as Nov. 30, 2005.

My new approval I-797 is valid until July 30, 2007. And I am going to India in January-February 2005.

My question is:
Do I have to get a new visa stamp based on the new approval? OR I can use my (valid) H1 visa stamp to travel to US port of entry and use the Company B approval I-797 to enter and stay in US??

My search so far on the official websites has shown that only a valid visa is required to travel to a US port of entry and then the Immigration Officer basically has the authority to approve/disapprove the entry and stay in US based on I-797. Also my lawyer said that in some cases the US consulate would actually NOT issue a new visa before 60 days of expiration of current visa. Anybody know if this is true? Do the fingerprinting policies necessitate a new visa stamp, no matter what?

TIA,
AV.
 
You need to get stamping when you come here. You need to get valid multiple entry visa until 2007. But your current visa woudl expire by 2005.

From USA at least , you have to get the stamping done (IF they do now also).

Also check with others.
 
I am in the same boat. Old employer's H1B visa stamp done till 2006 in the passport. I have been working for a new employer and have obtained H1B visa transfer till 2007. My lawyer had told me that it is ok to travel with old employer's visa stamp AND the H1B approval notice of new employer.

Correct me if I am wrong.
 
I am also in the same situation, but my case is slightly different. I have H1-B visa stamp valid till June 2006 from employer A. Now I recently transferred my H1-B to employer B and received I-797 approval valid till June 2006. Also my 6 years H1 period ends at the same time (June 2006). I contacted my lawyer, and according to her, I can still travel with my old employer's visa stamp and approval notice from new employer.

It will be good to get confirmation from some expert on this.
 
Hi,
I am also in the same situation.I have come to US with H1 for employer A and then got my H1 transfered and approved (I797) for employer B and had started working for employer B for six months now.My H1 for employer A is valid till July 2006 and the same is I94.Right now I am going to India for my marriage.I had consulted few legal attorney's and they have indicted that I dont need to get a new H1B on my passport as my H1 for employer A is still valid and I need to carry my new I797 and employee verification letter with me when I leave the country and return back.And these need not be voluntariy provided to the immigaration officer unless specifically asked.

But I am not getting a definitive answer for this issue from everyone,someone says we need new H1 for the new employer and few others say our H1 for old employer still holds good.If someone who has actually undergone this kinda scenerio answers this question then it will throw more light on this issue.

Whether this will have any impact on H4 visa for my wife since she has to carry my documents for stamping with my old H1 on my passport with name of employer A and new I797 with name of employer B,will there be a conflict ??

Thanks,
kandy
 
H1 Transfer , but havent received it , need to travel to India

Hi,
In my case I have recently changed my employer who has filed for H1 transfer.My visa from earlier employer was valid till Apr 2005 and so was the 194. I have just recevied receipt for H1. I need to travel to India in jan. Most probably my I797 with new company would not come by then. Can I still travel to India on my old visa.
Also my wife is in India at this time. She is on H4 visa and went with the I797 from my previous employer. Can she come back on the same 1797.

Regards
 
Chennai US embassy response on H1 transfer.

Hope this helps....see the response below....

.......................................................................................................

H1-B visa holders who are returning to the U.S. on a valid visa, but who have
changed their employer in the U.S., do NOT require a new visa -- however they
must carry their new I-797 while traveling.

Visa Information Unit
American Consulate General
220 Anna Salai
Chennai 600006
Tel: 91-044-28112060(direct)
91-044-28112000(board)
website: http://chennai.usconsulate.gov
 
Not received the I797

Hi ,

Could anyone help me in this scenario

In my case I have recently changed my employer who has filed for H1 transfer.My visa from earlier employer is valid till Apr 2005 and so is the 194. I have just recevied receipt for H1 through new employer. I need to travel to India in jan. Most probably my I797 with new employer would not come by then.

Can I come back on the 1797 and H1 from the old employer and the receipt notice for filing of new H1. (Because most possibly , i wont get the new 1797 through new employer by then)


Thanks Again
 
hellome said:
Hi ,

Could anyone help me in this scenario

In my case I have recently changed my employer who has filed for H1 transfer.My visa from earlier employer is valid till Apr 2005 and so is the 194. I have just recevied receipt for H1 through new employer. I need to travel to India in jan. Most probably my I797 with new employer would not come by then.

Can I come back on the 1797 and H1 from the old employer and the receipt notice for filing of new H1. YES (Because most possibly , i wont get the new 1797 through new employer by then)


Thanks Again
Click to expand...
 
Almost some but in a bit different situation

Did anyone actually travel on old employer visa?

I am in a similar situation but with a twist. I ahve a valid visa till Oct 2007 stamped on my passport and I recently changed my emploey but have been on bench.

I am sure you can travel on your old employers valid visa stamp. But what supporting documents do we need. Is the follwoing list correct?

1. Employment verification letter from new employer - Getting that shouldn't be a problem for me
2. New I797 approval - I have that too
3. Pay stubs .......... Are they requied in this situation?? - I don't have these because I am on bench and don't have these yet.

I would like to travel to India in April end and back in May.
 
No need for new H1B visa stamping..

I recently went to India and came back using the original H1B stamping and the new I-797 approval. The INS officer did not even ask for employment verification letter or pay stubs.

Of course that does not mean that some other officer wont ask for it.

Thanks,
AVithani
 
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