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

Question

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.

Answer 1

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.

Comments

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.

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