H1B Visa Transfer

[anubidesi]

Hi,

I have my H1B transferred from Comapny A to Company B in the month of October 2012 and the transfer has been approved. My new I979 Approval is valid until 31-Dec-2013

My Original visa validity is also until 31-Dec-2013

I have an immediate need to travel to India. Do I need to get my Visa Stamped while I am in India? My India duration is for 3 weeks.

If I need to get stamped, what is the probability of the H1B Visa Rejection

FYI - the original Visa applied by Company A is still valid and company A has not cancelled my H1B.

Appreciate your immediate help.

I am travelling on 23rd Feb 2013

[anubidesi]

Hi, Can anyone please reply to my post. I am looking for immediate answers. Appreciate your quick response

[areddy1234]

If your visa is under the same category (H1B), I dont think you need to go for stamping.

Moreover, Why would you want to go for stamping which is valid until your actual I797?

Thanks,

Areddy.

[Attorney_25]

You can travel and re-enter the US showing the prior visa issued by the consulate, if it is unexpired, along with your new I-797.

[an0n]

You can continue to use the existing H1B visa on your passport. Carry your old I797 and new I797 with you. At port of entry, If the CBP official asks whether you are working with the same employer as on visa, then tell him you have changed employers in Oct-2012 and show him the new I797 with valid I94. It will also help to keep your new employer & client contact information handy in case officer wants to verify.

[anubidesi]

Thanks Attorney 25

I am assumming the I-797 from my previous employer is valid. Is there a way to check if my previous employer has not cancelled my petition number. I have checked the case status at USCIS with my old petation number and it says, the decision completed on Oct 4th 2011 and was intimitaed the same.

My present employer is insisting me to appear for stamping.

My H1B Visa is valid until 31-Dec-2013 and I 94 until 10-Jan-2014

Any help would be highly appreciated.

[Attorney_25]

Revocation of your prior H-1B petition does not necessarily cancel the visa. In general the consulate is not permitted to revoke your visa while you're in the US, and even when you're not in the US they're supposed to notify you before revoking the visa. Again, "visa" is the foil that the department of state placed in your passport, and its purpose is only for travel. It does not provide you with status. Your petition approval is not a visa.