Is stamping required if we transfer H1 and travel to India

[san69]

Hi,

 

I got my H1 approved last October and I got it stamped. Now If I transfer my H1 and go to India,  do I need to go for Stamping again. If not what should I answer at port of entry.

 

I am also planning to apply for H4 visa for my wife who is currently in India. Will it be any problem for her stamping as well.

 

Thanks.

[jairichi]

Hi,

 

I got my H1 approved last October and I got it stamped. Now If I transfer my H1 and go to India,  do I need to go for Stamping again. If not what should I answer at port of entry.

 

I am also planning to apply for H4 visa for my wife who is currently in India. Will it be any problem for her stamping as well.

 

Thanks.

As long as your H1B visa with old employer is valid you can travel with that. You need to show your new I797 at POE. Your spouse to apply for a H4 visa with a copy of your new I797.

[pdhabalia]

@Jairichi,

 

If my visa dates are still valid but my H1 was revoked by my previous employer; in that case, would I need to get it stamped when it gets transferred?

 

Thank you.

[san69]

Thank You. When you say " H1B visa with old employer is valid you can travel with that"  you mean the Valid Till date right(it is 2016). Once I get my new H1 and I join the new company I will no longer be on old employers H1 right but is that still fine. Will that date be still valid.

[jairichi]

Thank You. When you say " H1B visa with old employer is valid you can travel with that"  you mean the Valid Till date right(it is 2016). Once I get my new H1 and I join the new company I will no longer be on old employers H1 right but is that still fine. Will that date be still valid.

Yes, till 2016 you can use this H1B visa to travel with a valid I797.

[h1btransferquestion]

Thanks for the responses, Jairichi.  

 

Another similar question - say my visa stamp is valid and my H1 transfer has been approved.  Do I need the new petition to come back to US if I leave the country, or can I use my old petition and the current visa stamp to get back?  Actually, my transfer has been approved but I don't want to wait till I receive the new petition to leave the country as I have resigned and just have 8 days before joining in the new job.  If I wait for the new petition for a few days, it would make no sense to go.  

[jairichi]

Thanks for the responses, Jairichi.  

 

Another similar question - say my visa stamp is valid and my H1 transfer has been approved.  Do I need the new petition to come back to US if I leave the country, or can I use my old petition and the current visa stamp to get back?  Actually, my transfer has been approved but I don't want to wait till I receive the new petition to leave the country as I have resigned and just have 8 days before joining in the new job.  If I wait for the new petition for a few days, it would make no sense to go.  

If your cap exempt H1B petition with new employer is approved and you are intending to enter US to work for that employer or already started to work for that employer then you need new employer's I797 along with valid H1B visa.

[maurya1983@gmail.com]

My situation is a little complex. I am currently working with Company A. My I-94 is valid until until 2016 and my visa has expired. I am planning on changing my company to Company B. Company B is ready to file my H1 transfer. But I have  a vacation planned for November end and I need stamping to come back to US. Now I have the following questions.

 

1) I have to book the visa interview dates in November as my vacation is short. While applying for Visa interview, shall I give my details of my current employer or the new one (which I have not joined yet)? What happens if I give my old employer details and change my employer before I leave for vacation to India? 

 

2) I think that my H1 transfer will be approved before my travel to India but not sure in case of any RFE. Would you recommend staying with the old employer while H1 transfer is applied and approved, go for vacation to India , come back and then join my new employer? Or can I still show my old H1 and get visa stamped while in India?

 

Thanks in advance for your help.

[jairichi]

1. If you have resigned before your vacation you cannot as your employer by law would have revoked your H1B petition.

2. It is your call. If old employer has revoked your H1B petition and you go with those documents for visa interview your visa will be denied.