Do i need new stamping if i transfer my petition from employer A to B to travel back

[oLone]

Folks please let me know if you have practical experience of this , i am confused to see diffrent responses.

I am planning to switch from employer A to B..my visa is valid till 2014. Now if i transfer my petition to employer B , i know i can start working for employer B once i get the reciept.

Now what i need to know is this:-

If for example i travel to India anytime this year ( in 2012 ), do i need to get a new stamping in order to come back to USA.and new location may be difrent or same state.

Thanks.

[Chitown01]

No, on return you can use the previous stamp and New I-797

[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

[oLone]

Thank you very much for your responses above.Really appreciate that.I am clear on it , the other doubt i got it this:-

If petiotion is trasferred from employer A to B , and visa stam is stil valid , as explained above..What happens in employers A cacells your petitiion/visa ...In that case do we need a new stamping to travel back to U.S.A. (visa validity date is okay)

[pontevecchio]

A cannot cancel the visa. He can and must and should revoke the earlier H1 petition. Only countries can cancel visas.