Query H1 B Stamping after employer change

[Moody123]

Hello Every one,

 

 

I recently changed my employer in US .I am having H1B stamping on passport which is valid till sept 2015. I am planning to travel to india in jan 2015 and return on feb. Do i need to go for H1 stamping in INDIA , as my employer got changed.But i am having valid visa stamp on passport (petitioner as  my previous employer).  Please advice.

 

Thanks,

Murthy

[jairichi]

No need for H1B visa stamping. All you need to do is travel with existing valid H1B visa and new employer's I797.

[rahul412]

No need of new visa if your current visa is still valid.

[h1bstamping001]

Refer to memo from the INS, issued in 1997 (Aytes Memo)

 

July 8, 1997

 

All District Directors

All Officers-in-Charge

Office of Benefits

Service Center Directors (HQBEN)

All Port Directors

 

This office has received a number of inquiries from the public and Service officers concerning the validity of certain nonimmigrant visas where the beneficiary changes employers but remains in the same nonimmigrant classification. This issue has generated a substantial amount of correspondence between the Service and the Department of State (DOS). The purpose of this memorandum is to provide you with the current policy of the Service and the DOS with respect to this issue.

 

The issue arises where, for example, an alien enters the United States as an H-1B nonimmigrant on the basis of a petition filed by "Company A." After commencing employment, the alien receives a more attractive job offer from "Company B." Company B files a new H-1B petition in the alien’s behalf which is approved by the INS. The alien then begins employment with Company B. The alien subsequently leaves the United States and then applies for admission as an H-1B nonimmigrant alien to work for Company B presenting the H-1B visa issued to him based on Company A’s petition.

 

Be advised that the current Service and DOS policy is that, in the case of an H, L, O, or P nonimmigrant visa, the visa remains valid during its validity period regardless of a change in the beneficiary’s employer. As long as the alien remains in the same nonimmigrant classification, the visa is considered to be valid up until the date of its expiration. An H, L, O, or P nonimmigrant alien who changes employers in the United States, but remains in the same nonimmigrant classification, may use the previously issued visa to apply for admission to the United States if it is still valid.

 

The policy will continue until further notice. This memorandum relates only to the H, L, O and P nonimmigrant classifications.

 

In addition, service officers are again reminded that H-1B and L-1 nonimmigrant aliens should be admitted for the validity period of the supporting petition, if otherwise admissible. Officers should not arbitrarily limit the admission period of an H-1B or L-1 nonimmigrant alien.

 

Michael L. Aytes

Assistant Commissioner

 

Source: http://www.***************.com/

 

Hope this helps. Thanks!

 

 

[calgaryvisa_9]

You are good to go.. just carry your new i-797 (with your new employer) as usual and everything should be fine.

[Don'tAbuseVisa's]

Hello Everyone,

 

I came to US with employer A and worked till Jun 2013 and Then joined Company B and started working on EVC model but i didnt go for stamping with company B visa because my Company A visa was valid till Aug 2014 and i went to India and came back based on company A visa and Company B I797 without any issues. Now in Aug 2014 i changed employer and joined Company C which is full time in a big company. Now i have my visa stamping appointment on 18th Nov 2014. so do you guys think i face any issues since i skipped company B stamping and going for company C stamping within 1.5 years?

 

Appreciate your help!

 

Thanks,

[jairichi]

Hello Everyone,

 

I came to US with employer A and worked till Jun 2013 and Then joined Company B and started working on EVC model but i didnt go for stamping with company B visa because my Company A visa was valid till Aug 2014 and i went to India and came back based on company A visa and Company B I797 without any issues. Now in Aug 2014 i changed employer and joined Company C which is full time in a big company. Now i have my visa stamping appointment on 18th Nov 2014. so do you guys think i face any issues since i skipped company B stamping and going for company C stamping within 1.5 years?

 

Appreciate your help!

 

Thanks,

No issue at all.

[Don'tAbuseVisa's]

Thanks for the quick response!!