H1B reactivation after being on H4 for a year- Do I need stamping?

[ash24k]

Hi,

 

I was on H1B status till Dec 2014 after which I had a change of status (while I was in USA) and moved to H4 status for a year.

 

I went to India to get my H4 stamped and I re-entered US on an H4 status. My previous H1 visa on my passport is not cancelled (No CWOP stamp) and is valid till April 2016 next year.

 

After a year of being on H4 status, I have recently done a change of status and moved back to H1B status with a new employer. I am again planning to go to India but I have been advised by 2 lawyers 2 different things :

 

Lawyer A - (my personal lawyer) - suggested that I can re-enter US based on my previously stamped H1B visa since it will still valid and there is no need for fresh stamping. I need to carry new H1 B documents as usual for the port of entry.

 

Lawyer B - (company immigration team) - said I need to go for stamping. He didn't ask or mention anything about checking my CWOP stamp.

 

Please advise.

[JoeF]

If the H1 visa is still valid, you can enter with that visa and the new approval notice.

This is standard procedure, and done a lot by people.

[jairichi]

You are fine to use the current valid H1B visa & new I797 to enter US.