I worked for a company A and has its stamp in passport and is valid till next year. After that I joined another company B and they got a H1B approval and filed for GC. I got EAD, AP. Now I am planning to travel abroad for a vacation. I don't have company B's stamp in my passport. What are the possible things that can happen at port of entry. Do I need to get it stamped abroad. Please help guys!
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need help
- Thread starter rajeevkr
- Start date
People in the past have travelled in to the country with their old company's visa stamp in their passports(though it was always recommended not to do that) without any problems. But we are living in the post 9/11 era, so I would definitely not take any chances. Assuming you are still using your H1 status(meaning, never used your EAD) I would strongly recommend getting your passport revalidated with your new company's name. But if you are not on h1 anymore, I dont think you can even get your visa stamp changed but as you already have your AP, you can safely use it to travel abroad.
In any case consult your lawyer and please dont go by my word.
In any case consult your lawyer and please dont go by my word.
norfesept01
Registered Users (C)
I have been in a similar situation
My initial visa stamp was for company A. Then I started working for company B, and subsequently for company C. While I was working for company C, I went to my home country and got a new visa stamp, which I used to enter the US. I used it again to enter after a business trip abroad. This was pre 9/11.
A few months later I moved back to company B, and continued working for them on the basis of the intitial H1B approval. I visited India again just a few months prior to the expiration of my H1B approval with company B.
I admit to having been very nervous, though I consulted my lawyer prior to my departure. Based on her opinion and advice, I carried all documentation related to my initial H1B approval, my second H1B approval, my third H1B approval, my I-485 receipt paystubs for all transitional periods, and a letter from my current company stating that I was currently working for them and that I had a valid H1B status. I may add that company B had sponsored by green card petition prior to my moving to company C and the petition was in effect even while I was working for company C. This was post 9/11.
Not only did I not have any problems in entering, I was not required to show any of the documentation (except perhaps for the H1B approval for company B).
This was my experience, and hopefully it would provide you with some information to base your decision on. As always, I would recommend consulting a lawyer before taking any course of action.
Best of luck!!
My initial visa stamp was for company A. Then I started working for company B, and subsequently for company C. While I was working for company C, I went to my home country and got a new visa stamp, which I used to enter the US. I used it again to enter after a business trip abroad. This was pre 9/11.
A few months later I moved back to company B, and continued working for them on the basis of the intitial H1B approval. I visited India again just a few months prior to the expiration of my H1B approval with company B.
I admit to having been very nervous, though I consulted my lawyer prior to my departure. Based on her opinion and advice, I carried all documentation related to my initial H1B approval, my second H1B approval, my third H1B approval, my I-485 receipt paystubs for all transitional periods, and a letter from my current company stating that I was currently working for them and that I had a valid H1B status. I may add that company B had sponsored by green card petition prior to my moving to company C and the petition was in effect even while I was working for company C. This was post 9/11.
Not only did I not have any problems in entering, I was not required to show any of the documentation (except perhaps for the H1B approval for company B).
This was my experience, and hopefully it would provide you with some information to base your decision on. As always, I would recommend consulting a lawyer before taking any course of action.
Best of luck!!
norfesept01
Registered Users (C)
I may add
that in the meantime my passport which had the visa stamps for both company A and company C had expired and I had a new passport. I carried both passports (stapled together for good effect) with me for my travels after the expiration of the first passport.
that in the meantime my passport which had the visa stamps for both company A and company C had expired and I had a new passport. I carried both passports (stapled together for good effect) with me for my travels after the expiration of the first passport.
since you have more than one year in your visa...
you won't anyway get your stamping done in US. You may have to go out of the country and have the stamping done at an American consulate in your home country, or you can take chances of doing that in another country you are visiting.
you won't anyway get your stamping done in US. You may have to go out of the country and have the stamping done at an American consulate in your home country, or you can take chances of doing that in another country you are visiting.
peace_of_mind
Registered Users (C)
We are in a new era called post 9/11. If I were you, I would not leave US until I get my visa is stamped. Being safeside.
For people who have a change of visa type (ex. F1 to H1), it is mandatory to go to their home country to get visa stamped.
Have you started working on EAD, if yes, you need AP for re-entry.
If you are still working on H1, then you need to get H1 stamped. OR as many people suggest, you can re-enter on AP.
We Humans are slightly more advanced compared to monkeys, implies we still have monkey brains. We donot mind playing with others giving them trouble. So donot take chances.
For people who have a change of visa type (ex. F1 to H1), it is mandatory to go to their home country to get visa stamped.
Have you started working on EAD, if yes, you need AP for re-entry.
If you are still working on H1, then you need to get H1 stamped. OR as many people suggest, you can re-enter on AP.
We Humans are slightly more advanced compared to monkeys, implies we still have monkey brains. We donot mind playing with others giving them trouble. So donot take chances.
peace_of_mind
Registered Users (C)
Rajeevkr,
Contact your attorney. if possible ask them to issue a letter that you are travelling legally and you can be permitted to re-enter. (this comes only handy since, if you have any trouble at re-entry, authorities could contact your attorney and you will have their support).
Carry the copies of memoranda published by department of state, regarding valid stamping of H1 from company A and travelling on H1 with company B is permitted. (your attorney could get this for you).
In any case, You need to carry a letter from your employer B with recent date saying that you are still employed with them.
Carry 2002 year end tax info. Carry your recent paystubs etc.
These are only supporting documents......
Keep watching you posting... there are experts in this forum, others may still give better advice.....
Goodluck
Contact your attorney. if possible ask them to issue a letter that you are travelling legally and you can be permitted to re-enter. (this comes only handy since, if you have any trouble at re-entry, authorities could contact your attorney and you will have their support).
Carry the copies of memoranda published by department of state, regarding valid stamping of H1 from company A and travelling on H1 with company B is permitted. (your attorney could get this for you).
In any case, You need to carry a letter from your employer B with recent date saying that you are still employed with them.
Carry 2002 year end tax info. Carry your recent paystubs etc.
These are only supporting documents......
Keep watching you posting... there are experts in this forum, others may still give better advice.....
Goodluck
question for norfesept01
You have mentioned on your post that the passport ith the visa stamps had expired and that you had renewe your passport. Based on your post I have the following asumptions / questions... will appreciate your response:
1. Do you have an Indian Passport?
2. If so, when you renew it, does the old passport become invalid for travel and if yes, does that mean the Visa stamped in it with a validity beyond than the passport's valididity becomes invalid? (from your post it appears not)
Thanks in advance
You have mentioned on your post that the passport ith the visa stamps had expired and that you had renewe your passport. Based on your post I have the following asumptions / questions... will appreciate your response:
1. Do you have an Indian Passport?
2. If so, when you renew it, does the old passport become invalid for travel and if yes, does that mean the Visa stamped in it with a validity beyond than the passport's valididity becomes invalid? (from your post it appears not)
Thanks in advance
If you want to get a H1-B Visa stamp on your passport for company B without leaving this country, then you can go to Department of State's website http://travel.state.gov (I think) and then you can apply through mail to get H1-B Stamp from company B. This way when you leave US, you can still come back using your new H1-B and stay on H1-B status.
The another alernative is to leave US and apply for H1-B Visa at a consulate in India. However, I would recommend to apply for the VISA to DOS here in US itself, so that you can be sure and not have to worry about getting denied at a consulate in india.
The another alernative is to leave US and apply for H1-B Visa at a consulate in India. However, I would recommend to apply for the VISA to DOS here in US itself, so that you can be sure and not have to worry about getting denied at a consulate in india.