Is H1B stamping required in this case?

[nicethaughts]

I came through company A in Dec 2009, Then I switched to Company B and then to Company C(My current employer). My latest I-94 (on the petition for Company C) has the expiration date of April 2012. The visa stamping on my Passport is still from Company A and it has a expiration date of Sept 2012.

Company C has already filed an extention for me.

I need to visit India now since it has been more than 2 years since I came. Going by the stamping issues, I was wondering if I could go and come back without the need of stamping. At POE I can show my valid Visa stamp from employer A and current petition from employer C. Will there be any issues?

[Attorney_24]

Generally, a person may be allowed to enter the U.S. using a valid H-1B visa(even if it is the original visa with the prior employer's name) and H-1B petition approval notice with his current employer. A new visa will be required only if the original visa has expired. Generally, the applicant should otherwise be admissible, have an unexpired passport. Kindly speak to a qualified immigration attorney to discuss specific facts relating to your case and entry related issues.

[nicethaughts]

Thanks a lot Sir. I appreciate your prompt reply.

Can some other members share their experience if they faced the similar situation?

[pontevecchio]

Since a Lawyer from the firm has answered you are unlikely to get better replies.

Ideally you should klnow all about the situation. If no fraud is involved in any form then

"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 "

[Chitown01]

yes you can