Need help in returning to the USA

[aravind.snaa]

Hello,

I am holding a valid H1b Visa which was sanctioned to me in 2014 for 3 years. In March of 2015 I changed my job from Company A to Company B. I filed for H1 transfer in normal process (not Premium). I received my receipt on March 31 of 2015. I needed to come to my home country as I have some personal work which needed my presence. My attorney suggested me that If I have to return to USA I have to have my approved H1b Visa with Company B. Since I have filed my application in normal process my attorney said it would take 2 months for the transfer to happen. I waited patiently in my home country, and it has been 75 days from the date i received my receipt for my H1b transfer. Still i have not heard anything from USCIS. My presence is needed very badly in Company B, but I am stuck in my home country.

I need to know what are the ways i have to return to USA without having any issues with immigration?

Can i enter the USA with my H1b Visa transfer receipt? I already have my H1b stamped in my passport and i already have entered the USA on H1b visa.

Please help me to return to the USA

Thanks,
Aravind S Krishna

[inadmissible]

Your H-1B passport vignette (the visa sticker) is not attached to any one specific employer, despite having Employer A's information on it.

Your H-1B vignette is still valid, which will permit you to travel to a United States port of entry to present yourself for inspection to a Customs & Border Patrol officer.

There, you will apply for admission to the United States using your Form I-797 Notice of Action, supported by a recent letter from Employer B attesting to the job offer they have extended to you.

In your case, the relevant I-797 is the transfer approval notice you are waiting for.

When you are granted admission, make sure that the CBP officer doesn't screw up and write the wrong Authorized Duration of Stay on his admission stamp. He should write that it is valid for as long as the petition (listed on I-797) is valid, not for as long as the vignette is valid.

July 8, 1997


All District Directors
All Officers-in-Charge
Office of Benefits
Service Center Directors (HQBEN)
All Port Directors


This office has received a number of inquiries from the public and Service officers concerning the validity of certain nonimmigrant visas where the beneficiary changes employers but remains in the same nonimmigrant classification. This issue has generated a substantial amount of correspondence between the Service and the Department of State (DOS). The purpose of this memorandum is to provide you with the current policy of the Service and the DOS with respect to this issue.


The issue arises where, for example, an alien enters the United States as an H-1B nonimmigrant on the basis of a petition filed by "Company A." After commencing employment, the alien receives a more attractive job offer from "Company B." Company B files a new H-1B petition in the alien’s behalf which is approved by the INS. The alien then begins employment with Company B. The alien subsequently leaves the United States and then applies for admission as an H-1B nonimmigrant alien to work for Company B presenting the H-1B visa issued to him based on Company A’s petition.


Be advised that the current Service and DOS policy is that, in the case of an H, L, O, or P nonimmigrant visa, the visa remains valid during its validity period regardless of a change in the beneficiary’s employer. As long as the alien remains in the same nonimmigrant classification, the visa is considered to be valid up until the date of its expiration. An H, L, O, or P nonimmigrant alien who changes employers in the United States, but remains in the same nonimmigrant classification, may use the previously issued visa to apply for admission to the United States if it is still valid.


The policy will continue until further notice. This memorandum relates only to the H, L, O and P nonimmigrant classifications.


In addition, service officers are again reminded that H-1B and L-1 nonimmigrant aliens should be admitted for the validity period of the supporting petition, if otherwise admissible. Officers should not arbitrarily limit the admission period of an H-1B or L-1 nonimmigrant alien.


Michael L. Aytes
Assistant Commissioner