H1B visa stamping after transfer

[Please_advice]

Hi,

 

I recently changed employers and got my H1B transferred. My old visa is valid till Sep-2014. I am planning to travel to India in December.

The approval notice from USCIS was “The USCIS I-797 H-1B approval notice authorizing you for employment from 08/26/2013 to 08/18/2016”.

 

According to this document, I don't have to get it stamped this time -

9 FAM 41.53 N8.4-3 Validity of H-1B When There is a Change of Employer
(CT:VISA-1406; 03-11-2010)
a. After changing H-1B employers in accordance with DHS procedures for making such a change, an H-1B visa holder may continue to use his or her original H-1B visa for entry into the United States. Upon applying for entry, the visa holder must present the new Form I-797, Notice of Action, evidencing the approval of the change of employer in addition to the visa.
b. An H-1B applicant can change employers without penalty while in the United States provided the following criteria were met:
(1) The alien was lawfully admitted to the United States;
(2) The new employer filed the petition for the alien prior to the expiration of his or her authorized stay;
(3) The alien had not worked without authorization prior to the filing of the new petition; and
(4) Has not been employed in the United States without authorization subsequent to lawful admission but before filing such petition.

c. After the filing of the new petition the H-1B is authorized to accept employment until the petition is adjudicated. If the new petition is denied, employment must cease. If the alien's prior visa and petition have expired, the alien is not eligible to receive a new visa until the pending petition has been approved.

Could you please confirm whether I need to get my visa stamped in India?

I was thinking of getting it stamped in December so that I'll have a new visa till 2016. Can i do this when my current visa is still valid? Will I be allowed to take another visa interview?

 

I am in a bad fix now. Any help would be welcome.

 

Thanks

[jairichi]

Hi,

 

I recently changed employers and got my H1B transferred. My old visa is valid till Sep-2014. I am planning to travel to India in December.

The approval notice from USCIS was “The USCIS I-797 H-1B approval notice authorizing you for employment from 08/26/2013 to 08/18/2016”.

 

According to this document, I don't have to get it stamped this time -

9 FAM 41.53 N8.4-3 Validity of H-1B When There is a Change of Employer

(CT:VISA-1406; 03-11-2010)

a. After changing H-1B employers in accordance with DHS procedures for making such a change, an H-1B visa holder may continue to use his or her original H-1B visa for entry into the United States. Upon applying for entry, the visa holder must present the new Form I-797, Notice of Action, evidencing the approval of the change of employer in addition to the visa.

b. An H-1B applicant can change employers without penalty while in the United States provided the following criteria were met:

(1) The alien was lawfully admitted to the United States;

(2) The new employer filed the petition for the alien prior to the expiration of his or her authorized stay;

(3) The alien had not worked without authorization prior to the filing of the new petition; and

(4) Has not been employed in the United States without authorization subsequent to lawful admission but before filing such petition.

c. After the filing of the new petition the H-1B is authorized to accept employment until the petition is adjudicated. If the new petition is denied, employment must cease. If the alien's prior visa and petition have expired, the alien is not eligible to receive a new visa until the pending petition has been approved.

Could you please confirm whether I need to get my visa stamped in India?

I was thinking of getting it stamped in December so that I'll have a new visa till 2016. Can i do this when my current visa is still valid? Will I be allowed to take another visa interview?

 

I am in a bad fix now. Any help would be welcome.

 

Thanks

You can use your unexpired H1B visa to enter US along with new employer's I797. If you want you can go for stamping.

[pontevecchio]

You do not need to get a new visa until the current one expires even if you change 10 employers in the meantime.

[bhalc]

You don't have to go for stamping as long as your old visa is valid. Please carry old and new 797 at POE.
Even if you go please think of admin processing nowadays people are getting stuck for no of weeks. Think about it.

 

 

[xfitter]

I was thinking of getting it stamped in December so that I'll have a new visa till 2016. Can i do this when my current visa is still valid? Will I be allowed to take another visa interview?

 

I had a similar question earlier this year and was advised I would not be able to go for stamping in India unless the interview is within 3 months of expiration date of currently valid visa. I was within the 3 month period during my visit to India, but did not go for stamping. I returned with old valid visa and new employer's petition valid until 2016.