NEw H1-B stamping needed?????

[a_paradkar]

Hello

I am on H1-B status. I changed my employer about 7-8 months ago. I have received my new Notice of Action (I-797) for my new employer. My passport has a H1-B visa stamped from my previous employer. ( expiration date 30 NOV 2005). My petition (I-797) is valid till 21 AUG 2006. I planning to visit india in DEC 2004. Do i need to go to the US Consulate and get a new H1-B stamp for my new employer.

My Lawyer says i dont need a new stamp. i can show my H1-B from prev employer and new petition. I should get a I-94 with the validity date of new petition (I-797).

I called INS customer service and they said I NEED to get a new H1-B stamp from the US consulate so that my VISa and PETITION have same employer name.

I dont know whom to trust or what to do. please advice

Does anyone has a link related to the above law that has been published by INS or something legal in this matter

Thank you

 

[ginnu]

Hello

I am on H1-B status. I changed my employer about 7-8 months ago. I have received my new Notice of Action (I-797) for my new employer. My passport has a H1-B visa stamped from my previous employer. ( expiration date 30 NOV 2005). My petition (I-797) is valid till 21 AUG 2006.
------ did you get the new extended I-94 attached with your H1 approval notice? if yes read below:
I planning to visit india in DEC 2004.
Do i need to go to the US Consulate and get a new H1-B stamp for my new employer.
--NO if you are coming back with valid visa stamp
My Lawyer says i dont need a new stamp. i can show my H1-B from prev employer and new petition. I should get a I-94 with the validity date of new petition (I-797).
----- show ONLY passport visa stamp and new extension or Transfer approval and you will get new I-94 valid till recent H1 approval validity
I called INS customer service and they said I NEED to get a new H1-B stamp from the US consulate so that my VISa and PETITION have same employer name.
----- that is only required if you did NOT get I-94 extended with your H1 approval notice, you did not post if you have new extended I-94 attched with your H1 approval , lower part right side
I dont know whom to trust or what to do. please advice

Does anyone has a link related to the above law that has been published by INS or something legal in this matter

Thank you

 

[a_paradkar]

yes I did get an extention of I-94 which was attached in the bottom right corner with my I-797. the validity date on the I-94 are same as that of the petition till Aug 2006.

Hope this info helps

 

[a_paradkar]

Also When you say a valid H1-B stamp, is it the expiry date of my H1-B on my passport only criteria. No other hidden details like the petioner name on the H1-B should be your current employer?? Please confirm

Thanks