H1B Approved and Stamped In India

[AmitMishra]

Hi There,

 

I got my H1B petition filed in April 2013. I got it approved in May 2013 and have got stamping done in Sep 2013. My current employer is not sending me due to cancellation of the current assignement.

 

I have a question. Can i get the H1B tranferred from India to the another employer from India. I believe i don't have to go for stamping as i already have a stamp on my passport that is valid till 2016. Would there be any issue @ port of entry if i get the approval from some other company and stamp from some other company?

 

Please advise.

 

Thanks

[jairichi]

Hi There,

 

I got my H1B petition filed in April 2013. I got it approved in May 2013 and have got stamping done in Sep 2013. My current employer is not sending me due to cancellation of the current assignement.

 

I have a question. Can i get the H1B tranferred from India to the another employer from India. I believe i don't have to go for stamping as i already have a stamp on my passport that is valid till 2016. Would there be any issue @ port of entry if i get the approval from some other company and stamp from some other company?

 

Please advise.

 

Thanks

Nope. You should be fine. Just travel with your unexpired H1B visa and show your new I797 at POE

[omshiv]

Yes you can surely transfer to another employer...I believe you would not need another stamping.

[AmitMishra]

Thanks alot, forgot to mention that i have never travelled on this visa. Do you think the new employer just have to file a new h1b (cap exempt) and i can travel with new i797 with the old stamping?

[omshiv]

Yes you can do that...but at the same time have to show the new petition at POE.

[jairichi]

Thanks alot, forgot to mention that i have never travelled on this visa. Do you think the new employer just have to file a new h1b (cap exempt) and i can travel with new i797 with the old stamping?

That is correct

[pontevecchio]

Assuming you get a new H1 sponsor MAKE sure to tell the Legal team that you have never travelled on this visa and most likely they will tell you to get a new visa. The whole concept of reusing H1 visas was about changing employers in the USA and being able to use the existing visa.

[AmitMishra]

Thanks a lot all of you. Just to reiterate what i understood from all of your response.

 

My new employer has to file for a new h1b petition (cap exempt as i am already cap counted). On the approval, i can travel to US with my old stamping and at the Port of Entry, i have to show my old stamp as well as my new i-797.

 

Please let me know if i missed anything here.

[jairichi]

Thanks a lot all of you. Just to reiterate what i understood from all of your response.

 

My new employer has to file for a new h1b petition (cap exempt as i am already cap counted). On the approval, i can travel to US with my old stamping and at the Port of Entry, i have to show my old stamp as well as my new i-797.

 

Please let me know if i missed anything here.

Yes, that is correct. But, consult your new employer's legal team as pontevecchio has suggested.