bbarani

Do I need to get my H1B VISA stamped again if I change my employer?

31 posts in this topic

Hi,

I am working for employer A, I will be moving to employer B (H1 B visa transfer is in progress). I have valid H1B visa (Employer A) stamped in my passport, valid till 2014. Now do I need to get my VISA stamped again after my H1B transfer? I know this is an old question but I couldn't find any recent information in USCIS site regarding this one hence I am not sure if the rules have changed now or not..Can someone please advise.

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I was in a similar situation a month ago. You do not need a visa again. Your old visa should work until 2014. If you are traveling out of the country, make sure you present the CBP officer (at the port of entry in US) with your new I-797. You should be good.

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No need to have a new visa stamp in your passport, but always travel with enough documentation like your old, new H1B petitions, current pay check and emp.verification letter from your current employer.

Thanks

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@bbarani, you dont have to get a new stamp till 2014. You have to carry your h1b approval notice whenever you travel out side the country.

I did change employers last year with a visa stamp valid till 2013 and travelled out of country three times with out any POE issues.

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Hi,

I have the same question as bbarani i.e "Do I need to get my H1B VISA stamped again if I change my employer?" . I see the thread went during June 2012 and the reply says that "you dont have to get a new stamp till 2012". Was there any changes or update by USCIS later on ?

Please advice..

Also , I couldnt find any recent information in USCIS site regarding this.I would also appreciate if anyone can send the reference links from USCIS posts briefing up this information.

Thanks in advance

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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

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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.

Even after reading this, i have the following doubt regarding stamping.

I have a valid H1 visa stamp till 2014. Now if i change to F1 intermittently in 2013 and get back to H1 again by end of 2013 and go to another country (after moving back to H1), should i go for stamping again..in short, my non-immigrant visa status has changed in between but i am trying to renter with the same non-immigrant status..any info or information links would be very helpful, thanks.

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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

pontevecchio could you please provide the url/link of the web page where this letter is published. thanks in advance.

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One of the senior attorneys of Murthy law firm answers this question here http://www.murthy.com/2012/09/24/murthychat-senior-attorney-answers-your-questions-13/

Question: Hello, I got my H1B visa stamped in April 2010. This year, in April, I moved to another employer as a full-time employee. Do I need to stamp my visa again if I visit India? Please let me know.

Senior Attorney:

The visa "stamp" in the passport is valid through until its expiration date. Thus, even though the H-1 stamp has the name of the first employer - say company "A" - it can be used for travel in the H1B category even if one is working for company "B." It is necessary to have the appropriate H1B petition approval with company "B" and an appropriate job with company "B." We also always suggest checking the expiration of the I-94 card issued at the port of entry in these situations. Sometimes mistakes are made and an I-94 is given the expiration date of the visa, rather than the expiration date of the new employer's H1B petition.

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Thanks For the Valuable information. But i want to clarify this too.

 

Does it matter if 'Company A' Cancel the My H1B visa ? .Please let me know

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Can you not use GOOGLE?  to locate the Aytes Memo of 1997? company A HAS to revoke the H1 petition as per the law. No company can revoke a visa. Please do not use the word visa when you mean petition.

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Thank you very much for the reply 

So if 'Company A' revoke H1B petition  ..... It won't effect anything correct ? , i mean

Even though the H-1 stamp has the name of the first employer - say company "A" - it can be used for travel in the H1B category even if one is working for company "B."

 

I just want to clarify this one.

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Thanks For the Valuable information. But i want to clarify this too.

 

Does it matter if 'Company A' Cancel the My H1B visa ? .Please let me know

A company never cancels any visa. They just can not.

A company can cancel an H1 petition, and they have to if the person no longer works there.

You can forget about all that petition cancellation. It never affects you.

People really need to stop being scared about petition cancellation. It doesn't affect anything for you.

You can enter with a valid H1 visa and a copy of a new H1 petition approval. That's it. Again, forget about petition cancellation. It does not matter for you.

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Hi,

 

Reply from "pontevecchio" shows for the people who changes employer in USA itself.

 

My Doubts are:

 

I have a H1B petition and Visa both valid till 30.09.2013. And now i got an offer from a company which is in USA. I got a new petition also. I have never used my current visa. (I am changing directly to USA company without using my current visa). My Visa is valid for two more months only.

Can I travel with current visa and new petition like normally people change job in USA??

If I go for new stamping what are the risks involved??

If I travel with old visa when should I apply for extension??

Should I keep any validity in visa before applying for extension??

 

I got this doubt because I have never travelled to USA and changing job directly to USA. Your suggestion are welcome

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@RAK... What part of "The visa remains valid"" is alien to you? The visa stamp in the Passport is called the VISA. That is an entry document. In your case you should get a new visa

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A company never cancels any visa. They just can not.

A company can cancel an H1 petition, and they have to if the person no longer works there.

You can forget about all that petition cancellation. It never affects you.

People really need to stop being scared about petition cancellation. It doesn't affect anything for you.

You can enter with a valid H1 visa and a copy of a new H1 petition approval. That's it. Again, forget about petition cancellation. It does not matter for you.

 

JoeF / pontececchio I totally understood what was mentioned for similar questions but as I feel my situation is little different just want to confirm it..

 

I am working for employer A and my H1 stamping is valid til Dec - 2014 and today itself I received approval for my H1 transfer to employer B but for only 1 year...till Jul - 2014 and I will start working with him from August 15th 2013.

 

Meanwhile Employer A is in process of merging his company with some XYZ company...

 

I have plans to go to India sometime in December this year....do I need to go for stamping as Employer A no longer exist? or do I fall under same situation as others who doesn't require stamping as they have I 797 approval from recent company with valid H1 stamping from previous company?

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I have a H1B Stamped from Employer A which is valid until 2014. I later changed to a F1 in 2011 and then after completing in 2013 am back to being an H1 with Employer B . Do I need to get my passport stamped again. I know that you dont need to get stamping done if you change from employer A to employer B. Not sure if this is true with being an F1 in between? 
Thanks.

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I have a H1B Stamped from Employer A which is valid until 2014. I later changed to a F1 in 2011 and then after completing in 2013 am back to being an H1 with Employer B . Do I need to get my passport stamped again. I know that you dont need to get stamping done if you change from employer A to employer B. Not sure if this is true with being an F1 in between? 

Thanks.

No need for stamping as long as your H1B visa is valid.

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what about the information found in us visa website?I found it in frequently asked questions-

Q.13 I have a valid H1B visa which contains my previous petitioner’s details. I have changed my employer with valid I-797 and am back in India for a short trip. Can I travel back to US on the same visa or do I need to apply for a new visa?Can a person on a dependent visa work in the US?

In general, if you have a new petition with a different employer, you need to apply for a new visa. In certain situations (such as corporate restructuring), it may be possible to travel back with your current I-797 and visa. 

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what about the information found in us visa website?I found it in frequently asked questions-

Q.13 I have a valid H1B visa which contains my previous petitioner’s details. I have changed my employer with valid I-797 and am back in India for a short trip. Can I travel back to US on the same visa or do I need to apply for a new visa?Can a person on a dependent visa work in the US?

In general, if you have a new petition with a different employer, you need to apply for a new visa. In certain situations (such as corporate restructuring), it may be possible to travel back with your current I-797 and visa. 

"In genera"l but not mandatory.

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So, even if my old petition is revoked by old employer the moment i moved to new employer,the visa from old employer remains valid and i can use for travel purposes along with new h1b approval notice from new employer and shouldn't have any problems right at POE?

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