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img01

Registered Users (C)
I have a valid H1 VISA on my passport from my previous company (valid till April 2004). They canceled my H1 after I joined my current employer (I checked on INS site).

Do I need to get a new visa of my current employer to visit my home country? I spoke with my previous attorney and he said you don’t need this. But when I spoke with my current attorney he said that I have to go to US consulate in my country and get a new visa. He is also advising that he will prepare all the documents and forms for me to go to the consulate. (Looks like he wants to make some money because my company pays him for all these kind of things)

I just want to know if somebody has entered USA with this status and can share the experience or if somebody can advise on this. (I cannot visit consulate because of less time)
 
img01 :

If the H! for the stamped VISA on you passport has been cancelled then you would need to get thenew VISA stamped for re-entry.

You can either get this stamped in India or you could mail it in for stamping in the US itself provided you have the time. It takes about 8 weeks for the passport to come back to you.

More details on VISA re-validation is available at http://travel.state.gov/hlop.html

Since you already have a H1 stamping on your passport you need not go to the consulate but can mail it using TTServices.

The link for TT Services (in India) ishttp://www.ttsvisas.com/

Good Luck.
 
Thats the problem. If you see the http://travel.state.gove it says:

"If you changed employers and received a new I-797, Notice of Action, petition approval from the Department of Homeland Security (formerly Immigration and Naturalization Service), 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. "

But I am not sure if this statement is true in case your previous employer has cancelled your H1.
 
You have to get a NEW Visa Stamp...Period !!!

It is my Personal Experience.

If you change your employer, even if your previous H1/Visa is cancelled or not, You need to get your New Visa stamped either here from St. Louis or if you go to India, then from there.

If you enter US with your new employer's H1 and Old employer's visa...there is every chance you will be not be allowed to enter into the country.

Don't take any chances. Just Get it Stamped.

Good Luck.
 
img01, you do not need a new visa as stated by the state department bulletin. it is your former H1 petition issued by INS that has been cancelled and not the visa itself which is issued by DOS. as long as you have an approved H1 petition for your current job, you can use the old unexpired visa. just take some evidence such as recent payslips along with the stub of your new approved petition in case they ask you at the POE.
 
IMG - Please Read

You DO NOT need to get a new visa stamp if your visa is valid and you have a valid I-797 from the new employer.

The immigration officer at the port of Entry will ask if you are still working with the company mentioned on the VISA. If you say no, they will write the name of the new company on your I-94.

Btw, Mr. 'RAMBO' please stop scaring people with your incorrect and paranoid postings. I am not sure how you behaved at the Port of entry, but that kind of thing never happened to any of my friends nor I. (My friends have travelled on a valid visa and a new I-797 from a new employer several times.)

IMG, you have nothing to worry. but remember, your VISA must be valid and you must have the most current and valid I-797 (and maybe an employment letter from the HR of the current employer stating that you are indeed employed and in status)

thanks
Mahidhar
 
Rambo_1333:

Could you please share your experience in little detail?
I just spoke with a visa specialist at USDOS and she told me As long as I have a valid I797 (H1) I should be Ok. Visa is just for entry purpose the actual thing is your H1 notice of action, which I have from my current employer. She said your pervious employer cancelled your H1 petition not your visa.
 
sheila000:

Are you working in USDOS :) Your response is exactly what visa specialist told me.

Thanks
 
better get it stamped

I was in a similar situation at least three times and had mixed experience. Everything went fine the first time. The officer stamped I-94 with the expiration date as my new petition but scrw'ed up the next time - copied the date from my visa. Fortunately, I noticed and insisted on getting it changed. He didn't look happy while doing so (forget about an apology).

Last time, the IO told me that I should have got the new visa and she can deny my entry. I told her about the 60 day rule but she very reluctantly let me in. I knew that according to the law, she cannot deny my entry and was probably just trying to intimidate me.

Bottomline - get a new stamping as it will buy you peace of mind if nothing else.
 
js8309:

What is 60 days rule? Do you mean your visa was close to 60 days from its expiry date? In that case it makes sense to ask for renewal. Because according to law you must have at least 60 or more days left on both passport and visa expiration. But in my case it will expire after a year.
 
better get it stamped

I was in a similar situation at least three times and had mixed experience. Everything went fine the first time. The officer stamped I-94 with the expiration date as my new petition but scrw'ed up the next time - copied the date from my visa. Fortunately, I noticed and insisted on getting it changed. He didn't look happy while doing so (forget about an apology).

Last time, the IO told me that I should have got the new visa and she can deny my entry. I told her about the 60 day rule but she very reluctantly let me in. I knew that according to the law, she cannot deny my entry and was probably just trying to intimidate me.

Bottomline - get a new stamping as it will buy you peace of mind if nothing else.
 
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