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  • H1 transfer stamping

    Hi,

    Here is my situation.

    I got my H1 transferred from employer A to B( American Company, not a desi consultant). I have a valid H1 visa till Sept'2010 with old employer's name stamped in my passport. My new I797A is valid till Jan'2013. I am going to India in the month of May to get married. I'll be travelling back to the US in the month of June.

    1) Should I go to the consulate to get my H1 visa renewed?
    2) Is it okay to travel back to the US on the same existing visa with old employer (A) name on it and H1 transfer petition approval with new employer (B).
    3) Is it a good idea to go for VISA renewal or come back to the on the existing US as it is valid September'2010. ( why get into unnecessary trouble)?
    4) If at all I go for visa renewal stamping, my wife and I will go together. My wife for her H4 visa and me for my h1 visa renewal.
    5) If I am not going for visa renewal; but, just my wife goes for H4 visa stamping, which I797 should she carry, the old one (employer A) or the new one(employer B)?
    6) If she carries the old I797, I do not have pay stubs from my old employer(A) as I am working with the new employer (B) now.
    7) If she carries the new I797, will the Immigration office question her why I am not getting my H1 renewal stamped on my passport?

    Thank you guys in advance.

  • #2
    The answer to all your questions are there in the FAQ section of immihelp. There is no need for a new visa if your existing H1B visa hasn't expired. You can travel back with the visa from the old employer and the approval notice of the new employer. No need for stamping just because you changed the employer.

    Your spouse need to carry the original approval notice of the new employer. You need to show the new approval notice at the POE. Old approval notice is history.
    Not a legal advice. Use of this information is strictly at your own risk.

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    • #3
      Old Employer Visa and New Employer I797

      hi Neuhyder,

      I too am in the same situation.

      What have you have decided. Are you going for New Visa Stamping or will you use your old Visa to enter US.

      I talked to an attorney and he said we can use Old Valid Visa to Enter US.

      I appreciate your help here.

      Thanks

      Comment

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