H1B visa stamping-Change of employer

[rkreddy433]

Hello,

I have a valid H1B from oct 2011-2014, i got my visa stamped in feb 2012 when i visited India, I have changed my employer now (Nov 2012), do i need to get my visa stamped again representing the new company if i go to India now.

I am getting married next year, so will it affect my spouse to get H4 visa with the old stamping what i have.

I know this is kind of an old quesiton, but there are mixed answers online, so just wanted to make sure

Thanks in advance for ur replies!!!

[NewH1-B]

I know that if your stamping is still valid and you change the employer you dont need a stamping again for the new employer. The same visa stamp will be valid with a new I797. I would suggest you to check with your attorney to reconfirm on this.

[InGodWeTru$t]

Yeah I know people who traveled on same stamping in spite of changing employers, but cannot quote it legally check with attorney.

[pontevecchio]

There are no mixed answers.

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

[sanipini]

I am also in the same boat. :( The above memo was way back in 1997. is it still valid in 2012? I am trying to figure out if this is still valid.

[pontevecchio]

YES.............................................................................