New H1-B stamping, lay off queries

[a_paradkar]

Guru please advice
Another query related to my H1-B.....

I was laid off from my previous emplyer on June 30 2003. My severance check is dated July 26, 2003. I got a new job on Aug 11 2003. they filed my new petition in the same week (Aug 15,2003) and subsequently got my H1-B approved with a new I-94.
I have an H1-B Stamped from my previous employer whose expiry date is till 10 Dec 2005.

I am planning to go to India (Dec9-Jan6)
questions?
1. I am aware many of you have been saying I dont need a new H1-B stamp for re-entry? Please confirm

2. IF I DECIDED TO GET A NEW STAMP will the gap between previous layoff - starting new job (5 weeks period, 2 weeks if severance check is considered as a last paycheck) is going to be against me if i go to the US consulate for re-stamping my new H1-B?

3. What are the chances for denial of H1-B stamp? will they also cancel my previous H1-B stamp also? Please advice

4. I am definately sure my previous employer did send a letter to INS in Aug-Sept 2003 saying i am no longer on their payroll.


Thanks and let me know
a_paradkar

 

[max2k1]

Guru please advice
Another query related to my H1-B.....

I was laid off from my previous emplyer on June 30 2003. My severance check is dated July 26, 2003. I got a new job on Aug 11 2003. they filed my new petition in the same week (Aug 15,2003) and subsequently got my H1-B approved with a new I-94.
I have an H1-B Stamped from my previous employer whose expiry date is till 10 Dec 2005.

I am planning to go to India (Dec9-Jan6)
questions?
1. I am aware many of you have been saying I dont need a new H1-B stamp for re-entry? Please confirm

2. IF I DECIDED TO GET A NEW STAMP will the gap between previous layoff - starting new job (5 weeks period, 2 weeks if severance check is considered as a last paycheck) is going to be against me if i go to the US consulate for re-stamping my new H1-B?

3. What are the chances for denial of H1-B stamp? will they also cancel my previous H1-B stamp also? Please advice

4. I am definately sure my previous employer did send a letter to INS in Aug-Sept 2003 saying i am no longer on their payroll.


Thanks and let me know
a_paradkar

NO -- you don't need a new stamp -- the existing stamp plus the new approval notice (plus new paystubs/new EVL) woud be all that is needed for re-entry

And reg Q2 .... I don't think you can get a new stamp either .... AFAIK, you can apply for a new stamp only if the existing stamp is expiring in 60 or 90 days .... and you'll have about a year left when in India --- so you can't do it.