H1B-Transfer and Extension-Visa Stamp Question

[krish.csai]

Hi,

I got my first stamping done in India. My current visa stamping is valid until September 2012.

I joined a new employer. My H1B got successfully transfered and extended until March 2015.

My new I797 validity started from April 2012. I have paystubs from new employer.

I am working for a client with director vendor (EVC model). However, my client DOES NOT give any letter. Seems like it is not their policy.

I am planning to travel to India in August '12. .

• Can I come back on my current stamping (which is until end of September, though it is from a different employer)?
  
• Can I show my new I797 (though it is from a different employer) with previous employer stamping at POE? Is it accepted?
  
• Do I need to go for stamping again on new I797?
  

Please advise.

[pontevecchio]

Yes

Yes

Not necessary.

[giri26]

No you don't have to go for stamping again, as long as you return back before the validity of your current visa. You can just show your old visa (previous employer) at the POE along with the new petition (New Employer) and that should be enough. You will get the I94 till the validity of your new petition.

[krish.csai]

Thanks much "Pontevecchio" and "Giri26."

[visaimmig]

Followup question - Please let me know what happens when the old H1B is revoked by the old employer since new H1B started. Now since the H1B stamp is for the old petition , should we go for stamping ? or in that case as well we could provide new i797 along with the old stamping at POE? Please provide your inputs.

[krish.csai]

Hi visaimmig:

In my case, my new employer (started a new company in place of old company). honestly, i dont know what he did with old petition from his old company.

i guess if current visa expires, and travelling out of the US, and intended to come back, then I guess we need stamping.

i m back to the US. At POE, i have shown my new I797 which is valid until 2015 along with old visa. CBP officer accepted it and gave me my new I94 until 2014( coz my passport expires in 2014).

Hope this helps.

[visaimmig]

Thank you Krish.