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thrishod

H1B Visa Stamp after Employer Change

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Hi All,

 

I came to USA with H1b from Employer A and changed new Employer to B. Presently I have my VISA Stamp From Employer A valid till Sep-24-2014 and a New H1B petition from my new employer B valid till Dec-14-2014 . I am planning to go to my home country for a vacation hence I consulted the Immigration team of my new company to check if I need to go for stamping again even when my stamp is valid till  Sep-24-2014 from my ex employer. They gave me a response saying when employer changes I need to go for stamping again even if the stamp is valid.

 

Can any one who has faced this kind of situation let me know If i need to go for stamping or not.

 

Thanks,

Teddy

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Hi All,

 

I came to USA with H1b from Employer A and changed new Employer to B. Presently I have my VISA Stamp From Employer A valid till Sep-24-2014 and a New H1B petition from my new employer B valid till Dec-14-2014 . I am planning to go to my home country for a vacation hence I consulted the Immigration team of my new company to check if I need to go for stamping again even when my stamp is valid till  Sep-24-2014 from my ex employer. They gave me a response saying when employer changes I need to go for stamping again even if the stamp is valid.

 

Can any one who has faced this kind of situation let me know If i need to go for stamping or not.

 

Thanks,

Teddy

Nope. You do not need a new H1B visa as your employer A's visa is still valid. Apart from that you need employer B's I797.

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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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I agree with your attorney. You need to go for stamping if you have changed your employer after your previous stamping. If at POE they ask you for an employer letter, you will have to furnish one and since you cannot get one from Employer A, you need to get stamped for Employer B

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