Does H1B Transfer requires Visa Stamping ?

[sakethwins]

Hi,

I have H1B Visa from a Company A, went to India and got my stamping done. Now changing to Company B and Company B transfers my H1B. If I go to India, do I need to go for H1B stamping again or else can I re-enter with previous H1B stamping ?

[leo_maverick]

You will be allowed to re-enter to USA with valid old VISA stamp and your new H-1B approval. Make sure to present your current active H-1B approval to the CBP officer, that way you get the I-94 card with valid expiry date.

[usemployee1]

If your old H1b is CANCELLED then you have to get the STAMPING With your NEW H1-b Approval before entering to the US. otherwise Homeland Sec will deport you back to INDIA from the port-of-entry.

So please check whether your old h1b is not cancelled by your old employer before entering to US.

I am not sure whether it is legal or not. but One of my friend(i know him very well) gone back to INDIA with the same issue from port of entry..

[JoeF]

If your old H1b is CANCELLED then you have to get the STAMPING With your NEW H1-b Approval before entering to the US. otherwise Homeland Sec will deport you back to INDIA from the port-of-entry.

Sorry, that is wrong.

If the person has a valid H1 visa stamp, the person can enter with the valid H1 visa andthe new H1 approval notice.

The old employer is required by law to cancel the old H1 petition, but that has no effect at all if the person has a new H1 approval notice.

[JoeF]

I am not sure whether it is legal or not. but One of my friend(i know him very well) gone back to INDIA with the same issue from port of entry..

Then your friend didn't tell you the whole story.

[pontevecchio]

"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 "

usemployee1, please do not provide false information. @ op carry a PRINTOUT OF THIS MEMO.

[gattum2]

Is there any official letter or document is there to refer this situation.

To confirm 100% Visa stamping is not required if we have company A visa validity and you are traveling back from India to USA on company B (I-797 approval).

[pontevecchio]

Did you bother to read post #6?