Do I need a H1B stamp Again

[MJ786]

Hi all,

 

Currently i had an approval of I-797 with employer "B" which is going to expire in the month of sept 2016 and also i had a stamp visa with employer"A" that going to expiring in the month of sept 2015. I am planning to go india for a month i will be coming back last week of Aug 2015.

 

 

I have two question:

 

1: Do i have to go for visa stamping or not because i change the employer?

 

2: Can I able to come back on same stamp visa because i have only one month left while coming back my current stamp visa going to expire in sept 2015, so its ok to travel or not?

 

 

Please advise

 

Thanks in advance

[jairichi]

1. No.

2. Yes, it is fine.

[care_candidate]

I am answering this assuming that you are citizen of India because of most member are on this forum and I am familiar with process for India.

 

1. Once you changed your employer, you need to have new visa. Now, if you do not leave US, new I-797 is sufficient but if you do leave country, you do need stamped visa with new employer name on visa.

 

2. If I understand your question correctly, this question is valid only if I had answered "No, you do not need new visa for new employer" to you question number one. With new visa you will not have this problem for a while. As a general when you enter US with current visa just few days to expire, technically it is not a problem but officer may ask you about your plans on renewing or going back.

[skakum]

 

I am answering this assuming that you are citizen of India because of most member are on this forum and I am familiar with process for India.

 

 

1. Once you changed your employer, you need to have new visa. Now, if you do not leave US, new I-797 is sufficient but if you do leave country, you do need stamped visa with new employer name on visa.

 

 

2. If I understand your question correctly, this question is valid only if I had answered "No, you do not need new visa for new employer" to you question number one. With new visa you will not have this problem for a while. As a general when you enter US with current visa just few days to expire, technically it is not a problem but officer may ask you about your plans on renewing or going back.

 

I guess there is no need of going to stampin when we have valid stamping..It does not matter which employer you are with?

 

Can anyone please confirm it?

[jairichi]

I guess there is no need of going to stampin when we have valid stamping..It does not matter which employer you are with?

 

Can anyone please confirm it?

Yes, that is correct.