Very Important H1 transfer question

[AbhayCharan]

I'm with Company A.

My I797 is valid till Sep 30,2014

My Visa Stamp is also valid till Sep 30, 2014

Had been there in US for 3 months and currently in India.

 

1) If company B (a consultancy) applies for H1 transfer and in case the petition gets approved, will the new I797 also be valid till Sep 30, 2014 ? 

 

2) And, do I need to go for stamping again or the current stamp is sufficient to travel?

[jairichi]

I'm with Company A.

My I797 is valid till Sep 30,2014

My Visa Stamp is also valid till Sep 30, 2014

Had been there in US for 3 months and currently in India.

 

1) If company B (a consultancy) applies for H1 transfer and in case the petition gets approved, will the new I797 also be valid till Sep 30, 2014 ? 

 

2) And, do I need to go for stamping again or the current stamp is sufficient to travel?

1. It depends on consultancy's H1B petition (project requirement)

2. No.

[0407]

New I 797 is validity is independent of current I-797 validity. Typically H1B transfer is approved for a period

of 3 years from the time of approval.

 

You don't need stamping. You can enter with Old stamp and new I-797. At port of entry visa officer

most likely will give you I-94 vlaid till new I-797 validity. But he can choose not to do so and give validity

till your visa stamp.

 

Don't try to enter USA on H1B without a real valid job

[omshiv]

AbhayCharan - Nice name.

 

1) Depends..you might get validity for 3 yrs.

 

2) You can come on the same Visa and show the new petition at the POE...but its highly recommended to go again for stamping.

[rahul412]

1) If company B (a consultancy) applies for H1 transfer and in case the petition gets approved, will the new I797 also be valid till Sep 30, 2014 ? 

 

2) And, do I need to go for stamping again or the current stamp is sufficient to travel?

1. It depends on how good your documentation is

2. No need of new visa if your current visa is still valid.

[AbhayCharan]

but its highly recommended to go again for stamping.

This has been my problem....some people are saying it is not at all needed to go for stamping again...and some are saying it is highly recommended...if I travel with the old stamp and at the PoE if the officer raises any issue what should I do?

[jairichi]

This has been my problem....some people are saying it is not at all needed to go for stamping again...and some are saying it is highly recommended...if I travel with the old stamp and at the PoE if the officer raises any issue what should I do?

If you are traveling before expiry of current H1B visa with new I797 approval notice you are fine.

[omshiv]

This has been my problem....some people are saying it is not at all needed to go for stamping again...and some are saying it is highly recommended...if I travel with the old stamp and at the PoE if the officer raises any issue what should I do?

 

Although I said that you CAN travel on the same visa...there wont be any problems at the POE...but if you get a new stamping it doesnt hurt.

[AbhayCharan]

Thank You all