H1B Stamping on change of employer


Rakee

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Posted

Hello All,

My friend came to USA onsite on H1B VISA. His H1B Stamping expires in 2014. But he is willing to change his company and do a H1B transfer. I would like to know if he changes his employer and then travels back to India before 2014(before his H1B stamping expires) then will he need H1B stamping again with new employer. I saw some posts saying that stamping is not required. But is it the updated information or did anything change according to USCIS rules this year 2013. Please let me know.

Regards,

Priya

Posted

yes, Immigration office will question at the port of entry on your way back from india to USA about your employer details. If you lie and give them the old employer information and if they find out your petitioner is different that your employer on visa, chances are you may be asked to go back and get your visa restamped since employer change is basically a new H1b Visa from scratch.

Posted

Hello All,

My friend came to USA onsite on H1B VISA. His H1B Stamping expires in 2014. But he is willing to change his company and do a H1B transfer. I would like to know if he changes his employer and then travels back to India before 2014(before his H1B stamping expires) then will he need H1B stamping again with new employer. I saw some posts saying that stamping is not required. But is it the updated information or did anything change according to USCIS rules this year 2013. Please let me know.

Regards,

Priya

Hi Rakee,

No he doesn't need to get a new H1B Stamp. However when he travels back he would need to produce his new I-797 (one with the new employer) and also carry documentation that he has work as mentioned in the letter to USCIS by his new employer while filing the petition (copy of contract, sow, client letter etc.). Please note that if CBP officer doesn't ask him about his employer he must voluntarily disclose that the stamp is from previous employer but he has a new I-797.

Thanks,

Rajat

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