Visa restamping requirement after switching employers

[amitmurthy]

I have done quite a bit of research on this topic over the web and browsed through a lot of forums and I was almost convinced that the visa obtained using the old I797 can be used to reenter the United States.

 

However, a couple of days ago, I wrote an email to the US Embassy in India and the reply I got from them was that I will be required to get a new visa stamped before returning to the US. They also sent me a link to a web page, which clearly states this. Here is the URL:

 

http://www.ustraveldocs.com/in/in-gen-faq.asp#qlistwork13

 

Could you please advise what should I do as my tickets are booked and I hardly have any time to setup an appointment at the US Embassy in India?

 

Please advise.

 

Thank you very much in advance.

[pontevecchio]

Call the firm of Murthy and seek counsel.

[pontevecchio]

Also

 

9 FAM 41.53 N8.3-3 Validity of H-1B When There is a Change of Employer(CT:VISA-1041; 09-26-2008)

a. After changing H-1B employers in accordance with DHS procedures for making such a change, an H-1B visa holder may continue to use his or her original H-1B visa for entry into the United States. Upon applying for entry, the visa holder must present the new Form I-797, Notice of Action, evidencing the approval of the change of employer in addition to the visa.

b. An H-1B applicant can change employers without penalty while in the United States provided the following criteria were met:

(1) The alien was lawfully admitted to the United States;
(2) The new employer filed the petition for the alien prior to the expiration of his or her authorized stay;
(3) The alien had not worked without authorization prior to the filing of the new petition; and
(4) Has not been employed in the United States without authorization subsequent to lawful admission but before filing such petition.

c. After the filing of the new petition the H-1B is authorized to accept employment until the petition is adjudicated. If the new petition is denied, employment must cease. If the alien's prior visa and petition have expired, the alien is not eligible to receive a new visa until the pending petition has been approved.

 

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 

[h1bstamping001]

 

I have done quite a bit of research on this topic over the web and browsed through a lot of forums and I was almost convinced that the visa obtained using the old I797 can be used to reenter the United States.

 

However, a couple of days ago, I wrote an email to the US Embassy in India and the reply I got from them was that I will be required to get a new visa stamped before returning to the US. They also sent me a link to a web page, which clearly states this. Here is the URL:

 

http://www.ustraveldocs.com/in/in-gen-faq.asp#qlistwork13

 

Could you please advise what should I do as my tickets are booked and I hardly have any time to setup an appointment at the US Embassy in India?

 

Please advise.

 

Thank you very much in advance.

 

Contact CBP and wait for their response. 

[sstates]

Hi Amit,

 

Can you advice what have you found on this finally?

 

I verified the State Affairs Manual and also checked with multiple people who traveled with the same criteria as you mentioned.

 

All the people, who seem to know the process and who traveled using this scenario confirmed me. However, my confidence s weakened by those who dont know about this and i keep thinking if i should opt for this or not.

 

Please advice.

[nkimidi7y]

I had a stamp with company A in July 2014.

I switched employer in November 2014.

I went out of USA not once but twice and successfully reentered with the same stamp and new I-797.

[sstates]

Sorry for the delayed update... I was able to come back without stamping as suggested by all of you in this thread...

 

Very useful and thanks for the help...