H1B Transfer - Visa Stamping must?

[H1BRFE2009]

Hi,

This may be a common question. But still like to get it confirmed.

Say, im working for Company A with my H1B and visa is valid till Aug 2012. I have decided to join Company B in next few months.

I have to go for a vacation to india in Dec 2011.

#1) Is it must that i have to get my visa stamped in india?

#2) Is it recommended to stay in Company A till dec and join Company B after my vacation.

Please share your thoughts. I would not want to complicate the travel back to US in Dec.

Thanks

[rani357]

I am in the exact similar situation. I consulted one of the lawyer in Murthy and this is what he said. The stamping is valid even if I change my employer. As per him I don't have to wait to transfer my visa if I have any travel plan. I can still visit India with my new I797 and old stamping till it expires

Moreover, once visa is transferred, the old employer can only cancel the petition which is up to him when he wants to do it. It has nothing to do with stamping. If you have a valid stamping and valid 797 you are good.

Hope this helps. I am not expert in these, just sharing what I was told. Experts please share and let me know if I am wrong.

Thanks.

[Attorney_22]

While an I-797 H1B Approval Notice is tied to a particular employer, an H1B visa stamp is tied to the status. Thus, generally as long as an individual possesses a valid H1B visa in their passport it is not necessary to obtain a new H1B visa when traveling abroad simply because there has been change in H1B employment. In the aforementioned instance, it is advisable for an individual to carry with them the new I-797 Approval Notice, copy of the approved petition, and evidence of continuing employment pursuant to the approved petition when entering the U.S. after travel abroad. Please note however, there are some limitations to visa flexibility in certain circumstances such as when an individual works in the U.S. without authorization. Please contact a qualified U.S. immigration attorney with any other questions.

[Transformer]

Travelled outside USA last month and came back 2 weeks back with old employer's VISA and H1B approval notice from new employer.No issues at POE. Got I-94 until the end of new I-797. Hope this helps.