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Old 01-31-2005, 12:38 PM   #1 (permalink)
AlexanderAshok
 
Posts: 106
Default H1B Stamp required?

Hi All,
My friend has a valid H1B stamp from a company A, but he is currently
working for company B. He is now travelling to India, and he was
concerned if he requires re-stamping for the company B? Or can he enter
US with the valid stamp from company A and approval notice (I-797) of
company B?

Thanks in advance and let me know, if more information is required.

Thanks much!

- Alex.
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Old 01-31-2005, 07:36 PM   #2 (permalink)
Eric2003
 
Posts: 5
Default Re: H1B Stamp required?

    > Hi All,
    > My friend has a valid H1B stamp from a company A, but he is currently
    > working for company B. He is now travelling to India, and he was
    > concerned if he requires re-stamping for the company B? Or can he
    > enter US with the valid stamp from company A and approval notice (I-
    > 797) of company B?
    > Thanks in advance and let me know, if more information is required.
    > Thanks much!
    > - Alex.

Your friend can use the prior visa stamp for re-entry. Below is a
passage taken from an immigration lawyer's web page on the issue:

Visa Stamp of Prior Employer Remains Valid
MurthyDotCom
If the H1B employee has an unexpired H1B visa stamp in the passport with
a prior employer, that visa remains valid until its expiration date for
use at the time of reentry from abroad to work with a new H1B employer.
Of course, the new H1B employer has to file and obtain a new H1B
petition approval for that employee to work at its work location/s. Even
though the visa stamp will contain the name of the prior H1B employer,
it may be used at the time of entering the United States with the H1B
petition approval of the subsequent H1B employer / sponsor, as long as
the H1B employee is eligible for entry in H1B status. The important
thing to remember here is to request that the POE Inspector stamp the
I-94 card valid until the date of the H1B approval notice with the
present employer and not the earlier visa validity date stamped in the
passport with the earlier employer. To avoid this problem, some H1B
employees prefer to obtain a new H1B visa stamp from a U.S. consulate.
This new visa stamp carries a notation with the name of the new employer
and a new validity date.
MurthyDotCom
We at The Law Office of Sheela Murthy, P.C. hope that this detailed
analysis puts many fears, rumors, and questions to rest on this issue.
We are pleased to be able to review and analyze the articles carrying
the erroneous information to clarify matters for the benefit of our
MurthyDotCom and MurthyBulletin readers.
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