Stamping after h1 transfer ?

[sumsriva]

I have been working in US since 2007 on H1B and last month i changed my employer and so got my H1B transferred.
Do i need to get VISA stamped when i go out of the country?

My I-94 expires on Oct 2009.

Please advise.

Many thanks,
Sumit

[abhayg4]

Hi Sumit,

I-94 needs to be given to the airlines people/concerned authorities while going out of US.
So - if you are having a Valid Visa stamped in your passport then you can go out and come back with the same Visa.
Also u need to carry the I-797 approval notice with you when u come back - because at the POE when u come back .
, Immigration officer will give u new I-94 on the basis of your I-797.

So , its a H1 Visa and I-797 which governs whether you can RE-ENTER US or not.
Once u have entered -then I-94 comes into picture which governs how long u can stay in US.

---Abhay

[sumsriva]

Thanks for the response Abhay.
so, if i understood correctly I dont need to go to the US Consulate for another stamping as long as i have I 797 (from the new employer) .

Correct me if i'm wrong.


- Sumit

[abhayg4]

Hi Sumit,

You are right - u need to have I-797 from ur new employer and a valid visa (even if it is from ur previous employer - it doesn't matter but it should be valid) to enter US again.
If u have above TWO - then u don't need to go to Consulate for stamping.

--Abhay
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Senior Members -please confirm the same

[sumsriva]

Thanks Abhay. I have asked the same question from my employers attorney - i'll wait to see what they say, I don't wanna take any chances.
I'll post their comments to the same thread.

Thanks a ton for your help!
Sumit

[txh1b]

If you have a valid visa for the ex-employer, no new stamp is needed. Just the I797 with visa will be fine.