Do I Need to go for H1B Stamping Again

[Raahul]

I have few H1B Visa doubts. Can you please help me in below.

1) I have my first H1B Visa (June2011-Dec 2013) from my employer XYZ.Inc and i came to India and got H1B stamping in February 2012.

2) Now i got a Full Time Offer in June 2012 and i am aware that my company will change and they will file new H1. I am planning to goto India in August 2012. In that case do i need to go for stamping again or will previous stamping(Validity June11 - Dec2013) be valid enough for my travel or do i need any more travel documents along with it.

3) Suppose i get married in October 2012, then should i file H4 for my wife based on the valid H1B Visa(from my previous employer) or on the new company where i got my full time position.

[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. Your wife’s H4 visa application should be based on your current H1B employment at the time. If you have additional questions feel free to contact one of the Murthy Law Firm’s many qualified attorneys.