Need I restamp H1B Visa on transfer from company A to B while not in US?

Hi, My position in company A was terminated in Nov 2011. I was on an H1B Visa, and that Visa is valid till Sep 30, 2012. After the termination, I returned to India, where I have been working since Jan 2012, to Jun 2012. In the meanwhile, I got a job with Company B in the US, who applied for my work authorization, and had it approved. I just received the Approved I797-B from the firm.

I wanted to know if I needed to get a new visa stamp before I went back to the US, or if I could enter based on the Visa I had from the old company, and the I797-B?

Thanks for any help.

As far as I know, its ok to travel on old company’s valid VISA and new company’s approved petition. However, your VISA will be expiring in less than 3 months. So I would recommend you to get a new H1B stamped on your Passport based on the new approved petition.

Hi,
My H1B was applied for 1 year and i got it stamped/approved in march 2012 till Dec 2012 for company A. I have not been to US on this VISA so far. I got an offer from Company B. The Company B attorney says that i need not get it re-stamped as I have not traveled and it is within the timeframe of validity. He also tells me that they are going to apply premium petition for 3 years and i can travel on existing stamp and the petition approval letter. Kindly guide.

If your immigration attorney says so, you may follow him, as he has more legal knowledge than us.

Hi ashgoel,

Do you go for visa restamping for company B or go with Company A stamp and B Petition, was there any problem on POE. does they ask any thing.

Thanks in advance.