H1b Revoked but transferred approved, orginal visa stamp valid till date. Can I travel outside US without need to stamp new H1b?


curioussam08

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Please review my situation.

 

I had my visa transferred from Employer 1(old) to Employer 2(newer) in May 2012. However, in May 2013, Employer 2(newer had to lay me off and my visa was revoked). In that time, I searched for a new employer, Employer 3 (latest) and filed a petition for me in June 2013 to transfer to them. No new CAP was required, as it was a transfer to them. This  got approved in November 2013.

 

Now, I have to goto India in Feb. However, my original employer's (Employer 1) visa is stamped and valid on my passport till Sep 2014. My question is do I have to get my new visa stamped while I am in India if I go in Feb 2014, or is the stamp okay and I could show the new I-797 on port of entry with old employer's stamped visa while re-entering US?

 

Having read other posts, I know that I could show the old employer's Visa till stamp is valid and new I-797, to come back to U.S, but the thing is my H1B was revoked before getting it transferred to a new employer. So, will I need to get this one stamped?

 

Advise will be appreciated.

 

Thank You

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Please review my situation.

 

I had my visa transferred from Employer 1(old) to Employer 2(newer) in May 2012. However, in May 2013, Employer 2(newer had to lay me off and my visa was revoked). In that time, I searched for a new employer, Employer 3 (latest) and filed a petition for me in June 2013 to transfer to them. No new CAP was required, as it was a transfer to them. This  got approved in November 2013.

 

Now, I have to goto India in Feb. However, my original employer's (Employer 1) visa is stamped and valid on my passport till Sep 2014. My question is do I have to get my new visa stamped while I am in India if I go in Feb 2014, or is the stamp okay and I could show the new I-797 on port of entry with old employer's stamped visa while re-entering US?

 

Having read other posts, I know that I could show the old employer's Visa till stamp is valid and new I-797, to come back to U.S, but the thing is my H1B was revoked before getting it transferred to a new employer. So, will I need to get this one stamped?

 

Advise will be appreciated.

 

Thank You

With old employer's valid H1B visa and new employer's I797 you can enter US. Employer revokes petition and not visa.

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  • 4 months later...

Everybody says that if employer  is changed and current visa is valid then no need to get new visa stamp.

 

But when I recenlty checked  with US consulate (usvisadocs support) about this, they instructed me to get new stamp for new employer !

 

Not sure why they are saying so...when so many people have already travelled without any problem with existing valid visa stamp.

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Everybody says that if employer  is changed and current visa is valid then no need to get new visa stamp.

 

But when I recenlty checked  with US consulate (usvisadocs support) about this, they instructed me to get new stamp for new employer !

 

Not sure why they are saying so...when so many people have already travelled without any problem with existing valid visa stamp.

They need your $190.

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