Need New H1B Visa Stamping after Transfer? Re-stamping ? H4? FAQs

In H1B Visa by KumarUpdated : 118 Comments

Many of the H1B holders in US or in their home country, go through something called H1B Visa Transfer Process, when they wish to change employers. One of the common questions that comes to mind is the validity of their H1B Visa stamping on their passport. Do they need get new visa stamp  ? If they need to renew H1B Visa stamp or go for re-stamping ? We will cover these topics in this article.

What is H1B Visa Stamping in Passport ? How does it Look ? Employer Annotation ?

You need a Visa to enter US. Depending on your purpose to enter US, you get a different class of visa. If you would like work in US as international as high skilled worker, you will need to get US visa of class ‘H1B’ stamped on your passport. H1B Visa stamp is a sticker or foil that is put in your passport (glued to your passport page ), when you go through H1B Visa Stamping Process after your H1B approval from USCIS. It looks like below with classification stated as H1B. Also, one key thing to note is that it usually has annotation with employer name and case number. Also, there could be other visa annotations like Clearance Received.  The employer name on the visa stamp would be same as the Employer Name listed on the original H1B approval notice I797 from your employer. The confusing part of H1B stamp validity is the  employer name and H1B Case Number printed on the visa. With the name of the employer on the stamp, many assume that the visa stamp is tied to employer and they need a new one, after H1B transfer.

H1B US Visa Sample with Annotation of Employer Name and Receipt Number

Do you need New Visa Stamping after H1B Transfer ? What is the validity of H1B Visa Stamp after Change of Employer?

The name of employer on the H1B Visa stamp is not really tied with the validity of the stamp.  It is printed as annotation indicating the name of the employer, who sponsored H1B with USCIS. The H1B Visa stamp is not really employer specific. Annotations on visa are for guidance and do not dictate the validity of the visa stamp.  H1B Visa Stamp on your passport remains valid for the entire duration of the validity as indicated on the stamp. If you look above sample visa stamp, it tells the expiration date, which is the end date of the validity of the H1B visa stamp.  Also, under entries, if you have the letter ‘M’, it means your visa is valid for Multiple entries until the expiration date of the H1B stamp. You can use your valid H1B visa stamp ( even with your old employer name and case number) for your travel after H1B transfer with all other supporting documents of the new employer like approval notice, offer letter, etc.

Documents to present at Port of Entry after H1B Transfer with H1B Stamp from Previous Employer ?

When you enter US with your H1B stamp from previous employer, you will need to make sure you present current documents related to your new employer and indicate that you have transferred to make sure your I-94 end date reflects your new H1B petition end date and they enter your current employer details in the system. The documents are pretty standard and below is the list

  • Original H1B Transfer Approval Notice ( I-797 form)
  • Employment offer letter, agreement ( if any)
  • LCA tied to the H1B transfer
  • Recent Pay Stubs, if you are already in US ands worked there.
  • Carry a copy of your old H1B approval notice and offer letter, pay stubs, etc. as  supporting documents, if asked.
  • Contact Info of your new employer
  • Additional information tied to your profile like Education Certificates, Professional licenses, etc.

Does your Spouse/ Children on H4 Visa need a new Stamp after H1B Transfer ?

No, the same concept explained above applies to H4 visa dependents as well. If the H4 visa holder’s visa stamp on passport is valid, they can use the same visa stamp and present the New H1B approval notice copy of their spouse after transfer. They do not need to go for re-stamping.

Can my old employer Revoke or cancel my H1B Visa Stamp on passport ?

No, your employer cannot revoke or cancel your H1B visa stamp on passport. They can only withdraw the petition from USCIS indicating the end of employer, but they cannot really do anything with your visa stamping and it has no impact.

Can my H1B Visa Stamp be revoked by Government Official / Consular ? What is Prudential Revocation ?

Your H1B Visa stamp can be revoked by US Consulate based on request from Government officials or any US Government Agency for issues related to law enforcement. The could be for instances such as DUI or national security, etc. The revocation done as per the request from government official is called ‘prudential revocation’.  Below screenshot is the official rule on US State.gov website.  If such things happen, you would be very likely informed via email that your visa revoked and you cannot use it. Having a visa revocation does not necessarily impact your current status in US and you may stay in US, but cannot re-enter US with the same visa. Read US Visa vs Status, if you want to know the difference.  If you end up in such situations, it is best to contact your immigration attorney to seek help.US Visa Prudential Revocation DUI

I have valid H1B Visa Stamp, but I do not work for my old employer. Can I travel to US with my H1B Visa stamp and find employer there and do H1B Transfer?

No, you cannot travel to US on your old employer’s stamp in this case, because you do NOT have valid employment from anyone in US with supporting approval notice from USCIS. You can only use H1B Stamp from previous employer, if you have Valid H1B approval notice from an employer and they are willing to pay you so that you can work on H1B status in US. Trying to enter US, just with valid H1B stamp without a proper H1B approval notice and job from an employer in US is illegal and you will face issues at Port of Entry.

I have H1B visa approval notice and visa stamp from Employer A. I have done H1B transfer to Employer B before traveling to US. I have never been to US on H1B visa. Can I use my H1B Visa stamp from Employer A as it did not expire yet ? Do I need re-stamping after H1B transfer to Employer B ?

You can use your H1B Stamp from Employer A to enter US along with your Valid H1B Approval notice from Employer B. You traveling to US for the first time does not matter  as long as your H1B visa stamp is valid in passport. You need ensure you carry all the documents related to your new employer B and also copies of Employer A approval notice, so that you have all of that covered.

What has been your experience with H1B Visa Transfer and using Visa Stamp from Old employer  at Port of Entry ?

   

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Comments ( 118 )

  1. Karthik

    Hi Kumar,
    My spouse H4 valid till 2021 and in between her H1 got approved and stamped and it is valid only till Apr 2020. POE no issues and currently in US with stamped H1. Planning to convert to H4 due to problems in job location and unable to find suitable projects in nearby location due to less time in visa. Whether previous H4 and EAD still valid or do we need to apply for H1 to H4 and apply for EAD again(Can combine with H4 conversion?). While converting will they ask for payslip, because she didn’t work and have no payslips.

    1. administrator
      Kumar

      Karthik,
      She would need to apply for Change of Status. If she did not work and get paid on H1B, then she basically violated status. I suggest you check with an attorney on this and act accordingly.

  2. Supraja

    Hi,
    I have a valid visa stamp with Emp A until October 2020. Transferred H1B to Emp B on November 2019 and received a petition/i-94 valid until October 2022. I had to travel to India during December 2019 and when came back to the US with valid stamping with Emp A valid until Oct 2020 – The CBP officer gave the same i-94 even after showing the documents from new Emp B(such as petition valid until Oct 2022) refering that I have a valid stamping only until Oct 2020. Now, I need to extend my i-94 but I do not have any plans going out of country at least in the next 1 year. My attorney says it is i-94 correction so I can visit nearest CBP to correct it. But what if the CBP office say it is not a correction. What could be my next steps? please suggest. Thanks in advance

  3. HD

    Hi Kumar,

    I transferred my H1b from employer A to Employer B on Oct 22, 2019. I didn’t file that in premium. How long does it take for the decision (RFE, Approval or Denial) in Regular Processing for Vermont Processing Center, usually?

    Please help, thanks!

  4. Sam Amit

    Hi,

    Thanks for the great information. My question is the following:

    My wife and I both went to the interview. I applied for H1-B and he applied for H-4. My H1-B got approved first and her H-4 is still in processing. So I got back to the US first.

    I have now joined a new company with a new I797. Does this affect my wife’s H-4 administrative processing? Does she need to re-apply the visa again?

    Thanks

    1. administrator
      Kumar

      Sam,
      If she get her visa, there is no need, all she needs to do is carry the approved H4 Visa and your new approval notice. I would suggest you write to the CBP office and US embassy and have an email from them confirming the same, so that you have documentation at port of entry.

      1. Sam Amit

        Thanks for the reply. I feel like if the embassy give her H-4 visa then we are fine. I learned that the visa is not tied with specific employer. Finger crossed she get the visa soon! Thank you!

  5. Vikram

    Hi,

    Can you please explain whether the following situation is correct?

    I was working for Employer A and booked a drop-box visa appointment, but my H1B visa transfer got approved from Employer B and I quit Employer A and joined Employer B now.

    But, I lost the login details for visa stamping website as generally my employer books the appointment. So, I’m not able to reset the password for the login as resetting password goes to my previous expired employer email ID.

    Since I already have a active visa appointment I’m not able to add or book appointment with my passport. So, when I called usa travel helpdesk they helped me update the DS160 in the visa appointment with new employer details.

    So, now if I go for stamping will it be an issue as the appointment was booked by my previous employer tied to the old DS160? Also, should I submit the approval notice (i797) with Employer A or transfer approval from Employer B or both for drop-box as both are valid.

    Please help.

    1. administrator
      Kumar

      Vikram,
      No, it will not be. You need to update by filling out a new DS-160 and all the current details and use that for dropbox, then it will be fine.
      You should submit the employer B one that you are pursuing with all the documentation, do not use A info as you do not work there…

  6. Dinesh

    Hi Kumar,
    I have a valid visa stamp from my previous employer which is expiring in end of Jul 2020. My H1 from new employer is approved and I started with them in Sep 2019.

    Can i use my previous stamping for re-entry in Mid march 2020. Bit worried about the duration left on the visa stamp (4.5 months only).

      1. Rohit Gawli

        Hi, I have a similar case, what happens if its not valid anymore.

        i.e. Stamp is from Employer A, and currently working with Employer B. Stamp is expired, can I travel and come back, or do I have to get a new stamp.

        1. administrator
          Kumar

          Rohit,
          Anytime you need to enter US, you need a valid visa stamp. If you do not have valid stamp, you need to get new visa stamp. The option of re-using old employer stamp is only if it is valid.

  7. Samar

    Joined employer B on 2018 October and H1B Visa from employer A expired on July 2019. Traveled to India before stamp expiration and returned with new i797 (till 2021) and got my i94 updated till 2021 at POE.

    Going for re-stamping on March 2020 (New Delhi) (less than one year expired old visa same class). I’m eligible for dropbox obviously and the first H1B I got from Employer A via interview in 2016.

    Q1) Can I still be called for an interview ?
    Q2) What are the chances it will simply get re-stamped without interivew ? High, Low, Can’t say ? 🙂

  8. anshu

    Hello,

    I am working for Employer A on H1B which is valid till March 31st 2020. My H1B transfer for Employer B got approved for 3 years. I am planning to go to India in March 2020 and not sure how to get the stamping. I have never got the H1b stamp on my passport before since my COS got approved from F1 OPT to H1B.

    Please suggest me which option would be the best for me to get the stamping if I travel to India :-

    1) Resign from Employer A and go to India in March 2020 to get the stamping for Employer B and then enter USA to start working with Employer B.
    2) Join Employer B in March 2020 and then travel to India in first week of April 2020 to get the stamping.
    3) Travel to India and get the stamping for Employer B without resigning from Employer A. ( Not really sure for this step when should I resign for Employer A ; before entering USA or after Entering USA)

    1. administrator
      Kumar

      anshu,
      It depends on whom you want to work for…
      It is better to go with option 2, the reason is that, if you know you are joining them, you working there would give your Company B more vested interest in you and they will support you…also, you will have documentation supporting the same that you are working for them…You should discuss with your employer B on this and then make a decision.

  9. Akash

    Hi Kumar,

    I am employed with Employer A (approved i797 until Aug 2022, but expired Visa stamp). Employer B is in process of filing H1B transfer. Assuming h1b transfer is successful.
    1. Can i travel to India (while still be employed with Employer A)
    2. Get the stamping done using the Employer B i797 approval (will be travelling with it when leaving US) using Dropbox facility?
    3. Enter PoE (US) with the Employer B Visa stamp
    4. Resign from Employer A and join the Employer B

    1. administrator
      Kumar

      Akash,
      1. You may, check with your attorney of B.
      2. Yes, you can do that, if you get it approved for B.
      3. Yes, can be done.
      4. Well, this one should be done remotely or as soon as you get stamping to be clear for records. You cannot be on book for two…
      Ideally, I would wait for B’s approval, then go for stamping in India…if approved, then resign from India and then enter with B’s documents all the way through. Or you can even resign and leave the country…there are pros and cons for both. You need to take risk…Talk to attorney and B and take a decision.

  10. Saurav

    Hello Sir, first of all, apologies for such lengthy question.

    I was working for employer A and employer B initiated H1B transfer while in US. Meanwhile I traveled to India and went for stamping using employer A petition. 3 days after stamping was done, transfer for B approved till 2022 while in India. I traveled to US using employer A visa as I was still an employee and received a new i94 till Nov 2020. I quit them after I arrived US and joined B.

    a) Now that I got a new i94 at POE using employer A visa after B petition was approved, does it invalidate the i94 validity of my transfer petition (B) had?
    b) Do I need to go outside of the US and get stamped/reentry with transfer petition (B) to get new i94?

    1. administrator
      Kumar

      a. No, it will not.
      b. You do not need stamping, but you may need exit and re-enter. Ask your employer’s attorney and take decision accordingly.

  11. Shanky

    Hi,

    I have a valid stamped H1-b visa until Sep 2021 from employer A, and also successfully transferred the h1-b to a employer B. Unfortunately, due to delay in the approval of H1-b transfer, my potential manager from employer B hired a new employee for the same position. I already quit my old job and now in India. I came back to India in May 2019. Now can I enter the country on my old h1-b visa stamp and find a new project. One of the consultancy is ready to help me in this case. What are chances of clearing the POE for JFK?

    1. administrator
      Kumar

      Shanky,
      No, you cannot and should not. It is risky and wrong to do it. If you get asked at Port of entry, and they hold you for verification, you can be treated for fraud and end up in bigger soup…It is your career, so be careful…I suggest you find a job, get the H1B approved and then go through them, where you have a job ready for you.

  12. Sridhar

    Hi,

    I have H1B petition which is valid from Nov 2019 to Sep 2020. I did stamping recently which is also valid till Sep 2020, but never traveled to US, and currently in India only. Now my questions are.

    If I didn’t travel to US till Sep 2020, and if my petition get expired by Sep 2020, my current employer apply for Extension after expiry?
    If I didn’t travel to US till Sep 2020, and if my petition get expired by Sep 2020. Can another employer initiate H1 Transfer after expiry?
    Can my current employer apply for Extension before expiry even if I didn’t travel once to US with my current stamping/ petition?

    1. administrator
      Kumar

      Sridhar,
      Yes, they can.
      Well, the transfer is slightly grey area, but as you have stamping done, you have good chances for transfer as cap exempt.
      Yes, they should be able to..Discuss with your attorney.

  13. Sagar

    Hi Kumar,

    I am currently with employer A with approved I-797 till 2022 but with Visa stamp expired in 2019. employer B will be filling an H1-b transfer for me in mid Feb, but I have an international trip for employer A which I need to make during the month of March and at the same time employer B is processing my H1-B transfer.
    since i am going out of US, I need to go to India to get my H1-b stamping done, can I get my H1-b stamping done based on Employer A i- 797 and re-enter USA ?, would I need to get any documents from Employer B? I am still with Employer A during this process and have not given any notice to employer A.

    so is it safe to travel adn get visa stamped from employer A in india while Employer B is processing Visa transfer.

  14. Sow

    Hi Kumar,

    Currently I am working in US for Employer A and H1B extension is in process with USCIS and received RFE recently. Meanwhile in between got offer from EmployerB and they filed for H1B transfer and they received rfe which partly related to maintenance of status. Because Employer B filed for H1B extension when I94 was expired and I was on 240days period. Now employer B planning to response RFE by applying in consular mode.

    Following are my questions:
    1. If EmployerB H1B gets approved in consular mode, Can I continue working for Employer A for few days until I depart USA?
    2. Can I attend US consular interview(H1B visa stamping) in India for Employer B without resigning Employer A. If visa gets approved, then I am planning to resign employer A and re-enter US and start working for employer B?. In case visa gets denied in US embassy, then I am planning to continue with EMployer A in India itself?

    Please let me know your valuable inputs

    Thanks in Advance

  15. Nakul

    Hi Kumar,

    I have a question. My H1-B visa stamp from my previous employer expires 30th September 2020 and I am planning to travel outside the US and be back by 30th July 2020. Can I reenter the US without going through the stamping based on the my current employer’s I-797A approval notice and my previous employer visa stamp considering that I am entering 2 months before visa stamp expires. My current employer I-797A approval notice is till 2022.

    Thanks,
    Nakul

  16. ShivaKumar

    Kumar- I have my H1B stamping until Dec-2021.I got engaged in Sept-2019 and getting married in Feb-2020.My question is can i fill DS 160 for my fiance now for an appointment in Feb 2020? Asking this question because while filling DS160 i am mentioning her status a married as it is for H4 visa and by the time she goes for a visa interview we will be married and have the relevant docs ready.But if you see technically she is single at this point.Is it fine to proceed with DS 160 submission and appointment now?

    1. administrator
      Kumar

      ShivaKumar,
      This is slightly grey area, some have put it as married and then went ahead with it…many have put it as single and filled out a new DS-160 after the appointment was booked….The system will not stop you from applying for H4, if the status is single. It is up to you how you want to do it…If you want to be fully compliant, do it as single and then create a new DS-160 with same info and status as married. Make sure you mention that you have new DS-160 when you go for interview.

  17. Karthik

    We applied for H1 and COS H4 to H1 on 2018 and H1 petition approved recently and COS denied due to our travel out of US when the processing took place. During visa stamping they have issued 221g and verification taking so much time. The H1 petition is valid only until March end. H4 Visa stamping valid till 2021 and they didn’t cancelled during interview. Whether H4 still valid and she can travel with H4 and will there be any problem in POE without H1 stamping and Process pending. Having less time in petition and even H1 approved, will there be any problem in POE with less time in petition.

  18. RG

    Kumar – I have a question. My H1B Visa is valid till May 2020. And I recently changed my employer and have an approved i-797 A from new employer. Do I need to do stamping or can I enter back on existing Visa stamp on Passport ( though it was on prior employer name ).

    Also ideally when should I go for stamping with new i-797 A ( before Visa Stamp expiry ) ?

    I just did an international trip and no issues on returning back, but that time my visa was still another 6 months from expiry. Now its 5 months.

    1. administrator
      Kumar

      RG,
      You can enter using existing stamp, just carry the new I-797 approval.
      No need, you can go for stamping anytime, even after expiry, when you travel out and plan to re-enter. Once you enter US, all you need to do is maintain status, no need to have valid Visa stamp for all the duration of the stay…

  19. H1B Visa Stamping

    I have a question regarding Visa stamping. Please share your inputs.

    I had H1B Visa stamp of Petitioner A. Employer B applied for H1B transfer and it was approved before traveling to US.
    I traveled to US with I797B of employer ‘B’ and unexpired visa stamp of petition ‘A’. At chicago POE, CBP officer told me that the visa stamp should be updated as per latest I797B if you are travelling for the first time on H1B. They did secondary inspection of my documents and verified with employer ‘B’ about my employment. This whole process took 3 hours and they allowed me into US and updated my I94 as per I797B of employer ‘B’. I still work for ‘B’ and i want to travel to india for Visa stamping. I never had visa stamp of ‘B’ in my passport. As i did not get updated stamp prior to US Travel, will this be treated as a bad remark during visa stamping?.

    1. administrator
      Kumar

      No, it will not be treated as bad remark. It would have been a bad remark, if they asked you to return…So, don’t worry too much, it will be fine in future too…it was just secondary inspection. Many go through it.

  20. TVM

    Hi,

    I had a question on H1B transfer. My current H1 with employer A is valid till Aug 2020, and as per rules an application for extension can be filed as early as 6 months prior (i.e. by Feb 2020). If I transfer to another employer B in Feb 2020, can that employer file for the transfer as well as the extension beyond Aug 2020 in a single application to USCIS?

    Thanks in advance!

    1. administrator
      Kumar

      TVM,
      When they file for transfer, it is considered basically a new application, so you will get all 3 years of H1B…so, it is not a separate process…

  21. Sri

    Hi

    My name is Sri, I have a question regrading my current H1B situation, any input will be helpful!

    My employment with my employer A as ended recently and right now I am unemployed. Few days back I got a new job with employer B and they said they will do consular process for my H1B transfer. In couple of weeks I will go out of status as I will finish my 60 days grace period to stay in united states so I am thinking to travel to my home country and return back to US after my H1b transfer approved with my new employer B. I have a valid visa stamping with employer A till next year Aug. As per the forum I understood that I can use the valid visa stamping of my employer A to reenter USA with valid H1b transfer approved and offer letter from employer B, but I would like to know is it safe to reenter with employer A visa stamping when my H1b transfer process is consular with my new employer B and as I am travelling to my home country is it necessary to go for stamping after the transfer approval with my employer B.

    Thank you!

    1. administrator
      Kumar

      Sri,
      Yes, you can do that. It should be fine. I would still suggest you check with the attorney at the new company and then only travel…If the attorney suggests you to get stamping again, then go for it. You may be eligible for Dropbox.

      1. Sri

        Hi Kumar,

        I spoke with an attorney this morning and she suggested to go for visa stamping after the transfer approval as it is a consular process and they are different petitions. Thought of sharing so it might be helpful for someone.
        I asked her when should I leave the country and she said to leave as early as possible but I am wondering should I wait till the H1 transfer filing or it wouldn’t matter (they haven’t yet submitted my LCA so it gonna take a while I guess and I am not sure if I can hold on for that long). any suggestions please, Would it make any difference if I leave the country before filing my H1b transfer.

        Thank you!
        Sri

        1. administrator
          Kumar

          Sri,
          Thanks for the update, it helps everyone. It would not matter as it is consular processing. It would not make any difference. I would stick with your attorney suggestion and leave soon. Good Luck !

  22. Samuel

    Dear Kumar Sir,
    I worked under H1B visa from Jan 2009 to Dec 2010 (Validity up to 2012) left the job and returned to India. Now can another employer apply for transfer of my visa for remaining unused years? .

  23. Nouf

    I will be travelling for treatment by the end of this month October and my helping assistant will travel with me. we already got the visa but in my helping assistant visa written under the Annotation: she is allowed to travel with (my mother name and family) the question is my mother is not going to travel with us as she is old in age and can’t stay in the aircraft for 15 hours (suffering from diabetic) what should I take with me to show that I am the daughter of my mother, so I am considered under her family (but the name of my mother is different than my name) and nothing in my UAE passport shows my mother name.
    please advise and if there is a way to contact the US embassy in Abu Dhabi to grant me this right to be able to travel by the end of this month
    Thank you in advance for your help.

  24. Mayur

    Hello Everyone,
    This is the first time me posting something on a forum. Thanks for the help in advance.

    Currently my H1B (Stamped with current employer) is valid till July 2021 and my i94 validity is the same as my H1B (July 2021).

    1). I wish to transfer from my current employer A to employer B what happens to my i94 validity on my new H1b?
    2). Will I still have my the validity on my transferred H1b as July 2021?
    3). If I goto India after my H1b transfer do I have to go for Stamping?

    Please do help me with these questions.

    Thanks so much!!!

    1. Harish

      Hi Mayur,

      1. Yes. It will reflect on expiration date based on your i 797.
      2. Yes. It can change
      3. If your H1B visa stamping isn’t expired, you don’t need to go for stamping. But, you need to carry all latest employer documents.

  25. Joseph

    Hi,

    I recently changed employment from employer A to employer B and the visa stamp from my previous employer A is valid till Aug 2020. The H1b transfer was done along with an extension which is valid till July 2022 now. Is my passport still good even if the end date is different? Also will there be any change in case number or any other Id that I should be worried about since an extension was done along with the transfer? Is this scenario different from just a transfer? Please let me know and thank you for the detailed article.

  26. Mahesh

    I have transferred my H1 from employer A to employer B and also received the approval notice(797), in current H1B stamping on my passport still has the stamping associated with employer A which expired on Aug 2019.
    I am now planning to travel to India and would like to know if i need to go for visa stamping with the new approval notice and get the visa stamped on my passport with my new employerB or is it enough to just carry the new approval notice from employer B when i travel back to USA at the port of entry?

    Please help.

    1. Raja123456

      All Non-Immigrant visas like H-1B in this case, need a Visa stamping with unexpired end date while entering USA.
      So, you have to go for a visa stamping for your employer B, I-797.

  27. Sridevi

    Can you please help me with this?
    I work for Employer A. I recently got a new job and the H1b transfer with Employer B is complete.
    I plan to travel outside the country(not India) before joining Employer B.
    I would be quitting Employer A only after I return from my travel.

    Would I need to show Employer B petition while I re-enter and mention about them during immigration? Or since I have not resigned from Employer A, should I show Employer A petition and not mention Employer B?

    Appreciate your help and response.

    1. administrator
      Kumar

      You should show whom you plan to work in US after you enter US. If you plan to work for employer B, then you should show Employer B and get I-94 issued to that end date.

      1. Sridevi

        Hi Kumar,

        Really appreciate the response.

        On returning, I would be working for Employer A for a couple of weeks and then join Employer B.

        Then in this case should I be just showing Employer A petition?

        My apologies for asking one more question.

          1. Jack

            Hi Kumar,

            I have a similar situation that I have H1B transfer approved for company B and I decide to travel before leaving company A.

            My question is when I re-enter the US, I’m going to work for company A for 2 more days. I will use my PTO at company A for the travel.

            In this case, could I present company B’s approve notice?

          2. administrator
            Kumar

            Jack,
            No, you should present the approval notice of the company that you plan to work from the day you enter US…even if it is 1 day, you need to present that. This is for continuity of the status.

  28. GT

    Hello,

    I saw a few people asking this question and could not find a reply here. Does anyone know if it is possible to leave employer A, after getting an offer from employer B, but before transfer is done and before stamping (newly approved H1B visa)? Can you leave the US in that case and come back after October 1st? How long does it take to get the transfer?

    Thanks

  29. Soni

    Soni
    Hi !
    I have the H1B extension notice in hands and want to get visa stamped in Canada as can’t travel to home country due to time constraints etc.
    Is it possible to get stamped for me and my family ?
    Which place in Canada is good receptive for that ?
    Thanks

    1. administrator
      Kumar

      If you studied in US, maybe Canada is a good option…otherwise usually they recommend to go to the home country. It is better to check with the Canadian US embassy to be sure.

  30. GT

    Hi,

    My case got approved, and I might look into switching an employer before Ocober 1st. I am currently still in the states working for Employer A. My question is – do I have to get an offer first and have my new employer B completing the transfer, before I leave my current employer A? Generally speaking, can I leave employer A before completing a transfer, or even before getting the offer?

    Thanks

  31. Soumya De

    I have my current stamped visa from my previous employer upto March 2020. If I go out of USA for visa stamping ( approved visa till October 2021)before March 2020 and my new stamping gets rejected or goes to administrative process , will I be able to re enter USA with my current stamped visa?

    Thanks

  32. Mirudhula

    Hi friends, need your assistance in getting a clarity of my situation..

    Employer A – my current Visa validity expiring Aug 28th and an extension petition(PP) already in process (RFE). Will not be responded until mid Sep
    Employer B – Filing a H1 transfer petition in next 1-2 weeks in PP

    Questions:

    1, is it recommended I should join employer B before my current Visa expiration without any delays after the transfer approval

    2, if the employer B petition gets approved after my Visa expiration, does the transfer valid or should I have my extension approved as well eventually working with employer A.

    Please help!

    1. administrator
      Kumar

      1. Yes. Ideally, you should join before your I-94 expiration.
      2. Well, it depends on when your employer B has filed…if it was filed before I-94 expiry, you may not be in Bridge situation, then you can join B…I would suggest you check with attorney at employer B and make a decision.

  33. Ramon

    Hello,

    Does anyone know of any government document that explicitly states that there’s no need to obtain a new visa stamp to reenter the US after transitioning from employer A to employer B (through an H1-B transfer)?

    My visa stamp (issued by employer A) expires in 2021 and my I-94 admin until date is also in 2021. I recently transferred to company B (through an H1B transfer) and have plans to travel internationally in 2 months. This post mentions that I do not need to get a new visa stamp to reenter the US but would like to know the source of the information, if possible.

    Thanks,

    1. administrator
      Kumar

      Well, it is a common practice and based on General US visa validity. I am not sure, if there will be one for h1B that tells explicitly. Here is US Visa General Validity on State.gov
      You can ask your attorney at the new Company B to give you the source and maybe you can share it with the community too.

  34. RG

    Hi,

    I have an approved H1B extension with my current employer A. I also have an offer from employer B who are ready to start the h1 transfer process. In the meanwhile I plan to visit India and have to get stamping (as my old visa is expired). Can i still get the new stamping done on employer A? I don’t plan to join employer B before coming back.

    Or is it better to ask employer B to hold the transfer until i come back to avoid any issues in visa stamping?

    1. administrator
      Kumar

      Yes, while it many not hurt, just from logistics standpoint it is better to do it after you are in US. So, tell employer B to start the H1B process after you return US.

  35. H1Transfer

    Hi Kumar,

    Need suggestion, Currently my Employer A is processing my H1b CAP 2020 petition and its in premium waiting for approval. Also I do have offer from Employer B who said will transfer my H1 once approved.

    1. Shall I go for visa stamping with Employer A approved petition or should I wait for Employer B transfer process to complete to go for visa stamping process.

      1. H1 Cap 2020 Non Ad transfer process

        Hi Kumar

        Thanks for your reply. Yes I am residing in India. So what you are saying is that I need to go for stamping from Employer A first. Is there any way I can go for stamping for Employer B only after H1 transfer is approved?

        1. administrator
          Kumar

          Technically, you will not have H1B status until you get stamping. USCIS may question that. It is recommended that you get H1B stamping first and then try to do transfer.

    1. Ryan

      My question is if employer B Already started transfer and got rfe they are preparing the response. Can I travel overseas with approved h1b extension for visa stamping and join employer B after return to us( if transfer is approved during this time ) ?

      Thanks

  36. Sachin

    Hello Guys,

    I have a question and it will be very helpful if someone can answer.

    My wife is in India currently and she has unexpired H4 visa from my previous employer, My H1 transfer to the new employer got approved recently but I have not received the approval notice yet , So my question is, Can my wife travel back to USA with unexpired H4 visa but without my H1 approval notice?
    Please note, the previous employer has revoked the H1 petition due to job change.

    Thanks,
    Sachin

    1. administrator
      Kumar

      Sachin,
      It is risky to travel without valid H1B approval notice that you are using currently to stay in US. If something is verified at Port of Entry and she is carrying something that is not valid, it can be big issue. I suggest you get the approval notice and then ask her to travel to avoid issues at port of entry

  37. sumani

    My h1b extn employer A applied Premium process, I got good offer employer B, they are planning to apply Premium process for transfer H1b visa. Mean while, my family emergency needs to travel to India and eligible drop box with employer A.

    Can any one please respond ASAP. What is the best options, I need to go India same time I don’t want to lose that good offer.
    Options 1: I can hold employer B for transferring visa until get approval from A and gets visa stamped in India.
    Options 2: I can go to India and get stamped employer A, mean while employer B also initiate that transfer, then it should be any issues in getting stamping in india or port of entry.
    Options 3: If both employer A & B get approved and valid, then travel to India getting stamping use it employer A, after then joined to employer B
    While my family travelling after 2 months, they need to go again visa stamping.

    I was confused all, please respond if any one have face this same kind of problems.

  38. vijaya

    Hi,

    I did H1b transfer from company A to Company B of feb 5th and still am waiting for the approval. My previous location amendment with company A got denied one time.

    Will that affect my H1b transfer approval?. How long will take to get the approval?

    1. administrator
      Kumar

      It should not affect, both are very different petitions…It can take few weeks to few months. If you go for premium processing, you get it in 15 days.

  39. Pokemon16

    I’m going to India to get my H1B from employer A (current employer) stamped. I have an offer from employer B who are waiting on the LCA approval, and will file my h1b application on premium processing immediately. I’ll be in India when the verdict of the new transfer petition comes.
    -What happens in case of my transfer application for employer B gets approved while I’m in india? Will that affect my travel back?
    -my i94 record will be changed once I’m in my home country. How will that affect the new h1b transfer petition?

  40. Arun

    I have a valid stamping until Dec 31,2019 with my previous employer. I switched my employer last year and with my transfer , i got new validity until March 2021. I will be traveling to India in April 2019 . Can i go for new VISA stamping as i will get the updated date stamped on my passport and also is it eligible for dropbox ?

  41. Srinivas

    Hi there,
    I’m planning to transfer my H1 from company A to B. Since I’m on extension till Mar 2019 & my I-94 expires in Mar 2019 too.
    1. What are the consequences I may face?
    2. Once the transfer is complete, what will be my new extension? Do I need to go for transfer with extension? does that option availble

    Srinivas

  42. ravi

    I had H1B visa valid till March 2020 from Employer A. I moved to different employer B on Oct 1, 2018, after approved petition which was valid till 2021 Sept. After moved to new employer went to India on Nov 3, 2018, and while coming back from India. I was stopped at Delhi airport. Saying that my visa is no longer valid. Even though it had expiration date till March 2020.

    I am not sure how my visa becomes invalid or how it got revoked? I didnt get any email or notice regarding this and it was a surprise for me at the airport.

        1. Mallik

          Hi Ravi,
          I am in a very similar situation. I just came for a short visit to India and I am trying to understand if I need a new visa stamp. My immigration attorney said I don’t need a new one. I asked the question to [email protected] and they also said, “H1-B visa holders and their dependents who are returning to the U.S. on a valid visa, but who have changed their employer in the U.S., do not require a new visa. However, they must carry their new I-797 (original) and old petition while traveling.”

          So I am a bit surprised by your case. Do you know why you were stopped at the Delhi airport ?

          1. IMUser

            Thanks Malik. Your comments were very detailed and clearly written that will not confuse anybody. I wanted to know the second half of the story – did you come back to US?
            What happened ? Did anybody – In India or USA said anything while returning back. How was it? Please share your experience again.
            Thanks

          2. John Snow

            I’m as well waiting for experts to comment in this case : why the immigration officer stopped at Delhi, though you have the old H1 stamping valid until 2021. Ideally they shouldn’t stop.

  43. h1approved

    Hi,

    I got to know that my H1B got approved through my employer (They called USCIS to know the information as my OPT ext was denied.) and they claim they are yet to get the approval notice. They submitted Form I-824 (for further action on approved petitions)and still waiting for any notice. My OPT denial notice states that my H1 was approved on Oct 2, 2018 and that was the reason for denial of OPT extension. In this case, the employer said that they won’t pay the H1 salary for the past months and will start pay according to H1 norms only AFTER they receive the approval notice. Is this how it would work? What are the other sources that I can get my approval notice?

    Any inputs are appreciated. Thanks

  44. Ravi

    Subject : H1 Transfer and travel to India

    Scenario : I did a H1 transfer from company A to B and the current petition with company B is valid till Apr 2021. H4 transfer did not happened since my dependents were in India. Me and my dependents have valid visa from company A till 2019 August. I need to travel India for an emergency for a week.

    Question : Can i travel back with my old stamped visa from company A along with my family? My Family is in India and will travel for the first time

  45. Jack

    My h1b extension is valid till 2020 October for me my wife my kid…if I do h1 transfer only my application is filled. In this I have 2 questions
    1.do we need to file 539 form for dependents along with my transfer so that me and my dependents validity remains in sync
    2.If we do not do above then me my dependents validity will be out of sync..my validity might be till 2021 then will I have to file my extension for dependents alone once it approaches deadline..

    1. administrator
      Kumar

      Yes, they need to be done together to keep in sync. Talk to your attorney, who files your H1B and make sure you file for the H4 extension as well in the same package.

      1. jack

        Do you mean option1 filing I-539 along with transfer because many employers prefer to file only employee case transfer and take care of dependents transfer after approval comes.

  46. Alok

    Hello Kumar,
    Thanks for putting up this article, its really cleared many doubts.
    I have one question though. I have a valid H1B approval notice from employer A (of year 2017), but visa stamping not yet done. Is it possible to change employer (say employer B) and use my approval notice for new employer? Is there any way I can get visa stamped with employer B without going through lottery process again?

    Thanks,
    Alok

  47. Ankit

    Hi Kumar

    I have a question, dont know where to post this but extremely helpful if any one can answer.

    I was working with a startup of 10 members (total full time employees – 8, 2 US citizens, 4 Greencard and 2 h1b) and i’m working from India as a contractor (consultant). If they have to file h1 for me are there any restrictions? What is the criteria for small employers to hire on h1b, appreciate any links that clear my doubts

    Thanks

    1. Singh

      Hi Kumar,

      I have H-1B visa stamped till dec 2020 with employer A. Recently I transferred by H1-B to employer B and it is approved. I have quit Employer A and haven’t join Employer B. Can I travel to India and return back on previous employer A’s valid stamped visa with all the Employer B documents(I-797,offer letter). Will there be a problem since I haven’t join Employer B and want to travel to India. Do I need to voluntarily ask Immigration officer to update I-94 with new I797.

      1. administrator
        Kumar

        Singh,
        Yes, you can do that. You can join Employer B after you arrive in US, but you would need all the documentation like offer letter, etc. You do not have to explicitly ask for it. You will need to give the New I-797 approval notice from Employer B, so that they give you I-94 until end of the new I-797.
        As you are already in US, it would be ideal, if you can join the company B and work for them for a month or so and get a paystub and then leave. Just a more safer approach.

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