H1B stamping

[rkarthik4]

Hi,

I came to USA on a old visa(valid till Aug-2011) from Comp A and a new petition from Comp B(which is valid till 2013). At POE the officer didnt asked me anything when i showd my new petition along with my visa.(Even the I94 is valid till 2013).

Now i have some urgency and need to travel.So,is W2 form mandatory for the Visa stamping and also will the officer ask me why i didnt go for stamping earlier.

Please help me.

[Attorney_22]

Generally, an individual with a valid H1B petition must enter the U.S. from travel abroad within the validity dates of an H1B visa (with minor exceptions such as visa revalidation). Therefore, pursuant to the information described above, if traveling to any countries other than Canada or Mexico you will need a new H1B visa to re-enter the U.S. Although a W2 is not specifically required when applying for an H1B visa, a consulate may request this document as evidence of legitimate H1B employment.

[rkarthik4]

I have all my paystubs from the day one i entered US. So, arent they enough....what if they ask for my w2 (I think since they have all my info...they know that i came to US only in jan...so i will have my w2 only next yr)...

What do u suggest sir...india or Mexico...i work in EVC model....

[mmoonstone]

Karthik,

Actually, if you change the employer and your previous visa is still valid. Then legally you do not need to get that visa stamped. I have called up and checked this with USCIS few years back.

One of my friend came to US on comp A. Changed to company B. He travelled to India and came back comp A visa and company B H1b papers. It is legal and that is the reason why the officier in the POE allowed to you to do so.

Please call up and check with USCIS. They respond promptly.