Many of the H1B Visa holders in the US or outside of the US, go through something called H1B Visa Transfer Process when they wish to change employers. One common question that comes to mind is the validity of their H1B Visa stamping on their passport after the change of employer.
Many are unsure if they need to get a new H1B visa stamp or if they need to renew the visa stamping on their passports. In this article, we will cover these topics, including common questions.
H1B Visa Stamping in a Passport with Employer Name Annotation
In general, you need a valid US Visa to enter America. Depending on your purpose of entering the US, you get a different class of US Visa. If you would like to work in the US as an international high-skilled worker, you must get a US visa of class ‘H1B’ stamped on your passport. The H1B Visa stamp is a sticker or foil that is glued to your passport page when you go through H1B Visa stamping Process after your H1B approval from USCIS.
It looks like in the below image with the classification stated as H1B.
One key thing to note is that the H1B Visa Stamp (visa foil glued in page) usually has an annotation with the employer’s name and case number, as in the above screenshot. Also, there could be other visa annotations like ‘Clearance Received’ or ‘Department Authorization’. The employer name on the visa stamp would be the same as the ‘Employer Name’ listed on the original H1B approval notice I797 from your employer.
Confusion with Employer Name in Annontation
The reason for confusion regarding the H1B stamp validity arises due to the Employer/ Company Name and H1B Receipt or Case Number printed on the visa in the annotation section. As the H1B visa stamp has the name of the company that sponsored the H1B Visa, many assume that the visa stamp is also tied to the employer and that they need a new visa stamp, after the H1B transfer. Let’s clarify this in the next section.
Do you need New Visa Stamping after the H1B Transfer? Validity?
The employer’s name in the annotation section on the H1B Visa stamp is not related to the validity of the stamp. The annotation on the visa stamp indicates the name of the employer who sponsored H1B with USCIS at the time of the stamping. The H1B Visa stamp that is issued to the individual and stamped in their passport is not employer-specific and continues to be valid even after you move to another employer until the ‘Expiration Date’ on it.
Annotations on US Visa stamps are for guidance to the Customs and Border Protection officers, who verify the same at the US Port of entry procedures. The information in the annotation section does not dictate the validity of the visa stamp, only the ‘Expiration Date’ field on the visa indicates that.
If you look at the sample H1B Visa stamp below that highlights the ‘Expiration Date’, 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’s name and case number) for your travel after the H1B transfer with all other supporting documents of the new employer like approval notice, offer letter, etc. You do not need a new H1B Visa Stamping in your passport after the H1B Visa transfer as long as the previous H1B stamp in your passport is valid.
Documents Needed at Port of Entry after H1B Transfer
When you enter the US at any of the various US Ports of Entry locations, with your H1B stamp from your previous employer, you will need to make sure you present current documents related to your new employer and indicate that you have transferred. This is to make sure your I-94 end date reflects your new H1B petition end date and CBP Officers enter your current employer details in the system.
Below are the documents that you will need to carry at the port of entry:
- Original H1B Transfer Approval Notice (I-797 form)
- Employment offer letter, agreement (if any)
- H1B LCA tied to the new position after H1B transfer
- Recent Pay Stubs, if you are already in the US and working with a new company.
- Copy of your old H1B approval notice and offer letter, pay stubs, etc. as supporting documents, if asked.
- Contact Info of your new employer
- General proofs tied to your profile like Education Certificates, Professional licenses, etc.
Can my H1B Visa Stamp be revoked by the US Government Official? Prudential Revocation?
Your H1B Visa stamp can be revoked by the US Consulate based on a request from any US Government officials or any US Government Agency for issues related to law enforcement. This could be for instances such as Driving Under the Influence(DUI) or national security, etc. The revocation done as per the request from government officials is called ‘prudential revocation’. Below is a screenshot of the official rule on the US State.gov website.
If a prudential revocation happens, you would be very likely informed via email that your visa is revoked and you cannot use it. Having a visa revocation does not necessarily impact your current status in the US and you may stay in the US, but cannot re-enter the 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.
If your H1B visa is revoked due to prudential revocation as explained above, then you cannot use your current H1B Visa, even though it stands valid and not past the expiration date. In such cases, you need to apply for a new H1B Visa with the US consulate. You can enter the US with the new H1B visa stamp issued by the consulate, once approved.
Common FAQs
No, the same concept explained above applies to H4 visa dependents as well. If the H4 visa holder’s visa stamp on the 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 renewal or new visa stamping.
No, your employer cannot revoke or cancel the H1B visa stamp on your passport. They can only withdraw the petition from USCIS indicating the end of the employer, but they cannot really do anything with your visa stamping and it has no impact. Even though the message on the USCIS website regarding your petition says ‘revoked’, it does not have any impact on the US Visa stamp in your passport.
No, you cannot travel to the US on your old employer’s stamp in this case, because you do NOT have valid employment from anyone in the US with supporting approval notice from USCIS. You can only use H1B Stamp from the previous employer if you have a valid H1B approval notice from an employer and they are willing to employ you and pay you so that you can work on the H1B status in the US. Trying to enter the US, just with a valid H1B stamp without a proper H1B approval notice and a job from an employer in the US is illegal and you may face issues at the Port of Entry and may be deported as well.
You can use your H1B Stamp from Employer A to enter the US along with your valid H1B Approval notice from Employer B. Even if you are traveling to the US for the first time, it does not matter as long as your H1B visa stamp is valid in your passport. You need to 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 your old employer at the US port of entry?
Last year, I got the H-1B VISA stamp on my passport when I was with employer A. This stamp is valid until September 2025. This year, I joined employer B (and got a new i797). I need to go to India for a family emergency but I’m unable to get a dropbox appointment at any consulate to get the new employer’s H-1B VISA stamped on my passport. Can I reenter US with the H-1B VISA stamp (valid until September 2025; Entries: M) that I got last year when I was with employer A? If yes, can this reentry eligibility be impacted, if my previous employer has requested USCIS to cancel my H-1B with them? And can you please share a USCIS document/link that can confirm that this is accurate? This can be used to explain the rule to my current employer as well as, if required, to the port of entry officer. Thank you.
Anand,
Yes, you can. That is the whole point of the above article. There is no such thing that explicitly talks about changing employers and stamp validity.
You can email the CBP to have an email as confirmation for yourself.
Hi
I have my passport with H1B visa stamped under my old employer with end date until August 2023. I also have my new employer’s I797A approval notice with end date until May 2024. Now, my new employer refuses to approve my travel to India until I book a dropbox appointment for visa stamping citing that the old visa is no longer valid and I will be denied entry back to USA. Are there any USCIS/USCBP articles that I can refer & cite to my new employer that I can travel without the need for new visa stamping until July 2023 at-least?
Appreciate any help. Thanks
Hi!
I am currently in US, and my stamp on the passport from employer A expires September 2022
I recently been transferred to employer B and got approved…
After September, once the existing stamp expires: What happen in case I need to travel internationally (out of US), will I be allowed to enter US if the stamp from employer A will be expired? Can I present only the approval notice from employer B?
O do I need to get a new stamp on my passport?
And
Can I get this new stamp in US or it has to be outside US?
Kindly help out…
Thank you in advance!
Rubia
Hi Kumar,
My initial petition was approved for one year(Jan 2020 to Dec 2020) due to COVID, stamping got delayed and filed h1b extension. Meanwhile I changed my employer and petition is approved now. I have previous i797B and H1B extension receipt number with me and do not have the latest i797B copy. I have never travelled to US before with any visa.
Is it possible to transfer the h1b to my current employer.
Hi Kumar,
My H1B was Change of status. I have my H1B approved till Sep 2023 (this is my first H1). I’m planning to travel to India this October (2022) and I already have Dropbox appointment. Once I get the visa stamping – It will be till Sept 2023 with my current employer, let’s say employer A. After coming back from India, If I get a new job with employer B with approved h1 transfer and I go to India in May 2023 – Do I need to go to visa stamping again ?
I am also in same situation. If you have any updates on above please share
Hello, I have a valid US visa stamped till June 2023. But i haven’t travelled. Upon getting stamped, due to material change (change of location and designation both), my amendment petition was re-filed which has now got approved and received the hard copy approval notice also. I’d be travelling to USA immediately on old stamped visa (ie. valid till June 2023). Since the newly amended petition is not stamped yet in India while travelling to USA, does it have any issues in future H1B transfer to different employer while being in US?
I have my valid h1b stamping till 2024. I am in process of h1b transfer to a new employer and got an RFE. Is there a risk to traveling internationally while working for my existing employer and h1b transfer RFE pending with potential employer?
Priyansh,
No, as long as you have your current employer role you are fine.
I am working with Employer A and have h1b stamping till Sept 2024. I am currently in USA working full time. I got an offer from Employer B. After my H1b Transfer approval, can I travel to India and enter again to join my new employer? I would travel between the Job change after I put resignation. I will be unemployed and not on anyone’s payroll for 2-3 weeks during my time in India. Basically traveling internationally after h1b transfer approval to take an unpaid vacation break. I would fly out of USA on my last day of notice period and fly back in USA 2 days prior to joining new employer?
Priyansh,
Yes, that should be fine. You can use the same stamping.
Hi Kumar,
Im working for company A and I have a valid visa till Jun 2023. Now, I got an job offer from company B, petition was filed and it got approved in USCIS system, I have verified with the receipt# share on my I-797C doc. Now, should I need to wait until I receive the scanned copy of Approval notice to verify the validity date to put my resignation here with Company A.
Abhishek,
Well, usually you can go ahead, if there are no issues. But it is recommended to wait for the physical copy of the notice to be sure.
My spouse transfereed from H4 to H1b while in USA. I am on H1b too. We both now going to india for stamping. DO we need to book a seperate visa appointment or can she be still booked under my appointment but on Her H1b? Pls advice
PM,
They will be both seperate appointments as both are on H1B.
Does it mean same “application” but two different slots for H-1B ?
Did you create two accounts on https://cgifederal.secure.force.com/ ? to book 2 slots?
Or
You’ve had one account, and got one appointment but with 2 slots?
I am currently employed by employer A and have h1b from employer A.
I have plans to go for stamping (first stamping) but now I have an offer from employer B
Should I get my H1 B transfer before my stamping or should I get my stamp from employer A h1b and then get the transfer?
What are the risks associated?
hi did u get stamped?
I’m on the same boat, did you get any answer from a different source?
Did you got any response for above question
Even i am on same boat. Can some one please reply for better understanding.
Hi Kumar,
I have a quick question. I got my H1-B Petition filed with my ex-employer and got it H1B stamped – it has validity till Aug 2022. I haven’t travelled to US yet on my H1-B. Now I have been offered a new employment with another company and they are ready to do my transfer of H1-B. [My passport in which the H-1B got stamped has the validity till March 2022] – So I had to renew this.
a) Does this passport renewal cause any disturbance in my H1-B transfer process [ the initial stamp was on my previous passport] but the passport number which is active now has different one. Should I inform my current employer about this scenario?
b) Since the H1-B validity is getting expired on Aug 2022. Is it advisable I get a stamping done on my new passport again with the current employer before i travel to US?
Hi Kumar,
Thanks a lot for this post. I currently have approved H1B stamped and valid for 3 years but I wanted to confirm whether when I switch a company would I need to get visa stamped again or not.
So with this regard, I wanted to ask would you know or can you please share any USCIS link where it states the below:
“In summary, you do not need a new H1B Visa Stamping in your passport after the H1B Visa transfer as long as the previous H1B stamp in your passport is valid.”
Thank you.
Rishabh,
There is no USCIS link for it. It is based on experience from real users and myself. You can write to US Consulate and get their email confirmation, if you are in doubt.
Thank you Kumar.
Hi Kumar,
Hope you are doing well. My situation is, my spouse’s H1B is transferred to new company(but not re-stamped yet), its approved. I am in Canada now and my H4 visa(valid till Apr 2022) is currently in transfer phase and not yet completed, and it is not re-stamped as well, with the new employer.
Can I travel to US, with the old employer’s stamp in this situation while H4 transfer in progress? If yes then what all documents I need to carry.
Thanks a lot in advance..!
Hi
In 2015, I got H1B approved from 2016 to 18. I got stamping also with same dates but, never travel to US. Am I eligible for CAP exemption
Yes, you can be cap exempted now. but do it immediately as in 2022 (2016+6 years) – it will be voided and you will have to go through same procedure again for fresh cap h1b.
I have a valid H1B Visa stamp(with old employer) and I-797 approval notice(with current Employer). I don’t know if my old employer revoked the H1-B petition. Can I travel to US with valid H1B Visa stamp mentioned above even if the H1-B petition is revoked by old employer ? TIA
Hey,
I have a consular appointment for March 2021 for H1 stamping. This is for my initial organization.
However, if I switch to another company and my H1 transfer is approved, can i use the existing consular appointment? I can simply modify my DS160 with new I797A receipt number.
similar query, i am working for Employer A outside USA, Employer B has offered me a job, petition is approved and completed stamping, now Employer A is willing to transfer my petition and file amendment to transfer.
Q1: can i travel to USA with stamping from Employer B, with I797A receipt number and offer letter from my Employer A. [all pay slips are currently from Employer A outside USA]
Q2: Do i need to stay till i797A is approved and then only travel to USA with Employer B stamping.
i need to travel immediately, please help.
Hi,
Thanks a lot for your great article, it is really helping people.
I have a situation.. I am working with Employer A and My H1B visa is valid till June 2023. Visa is not yet stamped on my passport. I got an offer from Employer B. They are going to file for my H1B transfer. My question is
(1) After getting H1B approval from Employer B, Can i travel to India and do the stamping based on Employer A. I am eligible for dropbox appointment. I have already submit my DS-160 and waiting to get an appointment based on Employer A.
(b) Will it create any issue while comping back to US in POE or in stamping..
(c) As i need NIE approval to travel back, i am confused that will it be an issue to get NIE based on new employer B.
What do you suggest?
Hello Jyoti,
Did you get an answer for your question? I am in a similar situation.
Regards,
Geethu
I have an appointment with current employer, can i go for stamping with different employer with same appointment
I have H1b visa stamp with NIE approval on passport with my previous employer valid till 2024.
I have changed my employer recently.
1. Can i travel to usa without any issues since i have valid stamp + NIE with mg previous employer?
Or
2. Do i need to go for Visa stamping again with my new employer in order to obtain NIE again?
3. In case i absolutely want to avoid visa stamping, can i travel through 3rd country with no NIE requirements.?
Hi Kumar,
Thanks for detailed article.. I am in USA and dependents have valid Visa from my previous employer annotation. My question is same rule will be applicable if my dependents are traveling for first time to USA?
Hi,
I am in Canada and have H1b stamping from my current employer A. On 2nd April, I have received new I-I797 approval from employer B . So, I have resigned with employer A and planning to travel to USA for my new employer B.
I have prepared my POE documents based on above blog and would like to confirm few details with respect to employer B offer letter-
1. Do I need a new offer letter from employer B with latest joining date? I have old offer letter which was sent to me during H1b transfer process and its 3 weeks old.
2. Do I need physical signature from both (employer & employee) on my offer letter. Its electronically generated so has my employer electronic signature.
Thanks in advance!
1. I had traveled to the USA from my India employer for client X with a valid petition from 2-Sep-2018 to 1-June-2019.
2. I came to India in June 2019 and then the project got changed so I started working for another client Y in India with the same employer and filed an amendment for that client.
3. I got the amendment approved 1-June-2020 for client Y till then my previous stamping was valid but was not able to travel due to COVID-19 so stamped Visa got expired in Aug-2020.
4. In Feb-20201 I went for the dropbox option and the Visa got stamped with a petition with client Y. But now the requirement is not there with client Y.
5. Now I have a valid petition and stamped Visa both valid till Jan-2023. I am searching for another client, So my question is if I will file an amendment in India with a new client let’s say Client Z. So Do I need to wait till the amendment will be approved or I can travel with acknowledgment receipt of documents filed in USCIS with client Z, carrying approved LCA, Acknowledgment receipt for new amendment filing and previously approved petition.
Kindly help to understand what are my options in such a case. how soon and in what way I can travel to the USA ASAP.
—
Thanks & regards
Jitendra Patidar
Hi ,
Thanks for above information but have few questions.
I have valid stamping until Mar/2022 with employerA and currently in India for emergency. Meanwhile employer B is going to apply for H1B transfer soon while my stay in India .
1. Will this affect my entry to US?
2. If the transfer is approved and I want to join employerB after my return to US , can i still show my employerA I797 at port of entry or should i go for dropbox on the transfer with employerB?
Thanks.
Hi Kumar,
Could you please provide your inputs
I came to US on H1B last year through company ‘x’ and currently working for company ‘y’ and I am planning to bring my wife and kids and they have valid visa stamped through company ‘x’ till July 2021 , are they eligible for drop box to get new visa stamped ?
Regards,
Hemanth
Hi Vinod,
Were you able to travel back with previous employer Visa with new employer i797?
Hi
Me and my husband has a valid H1B stamp till Feb 2023 from Employer A. My husband changed his employer in April and a got a new visa transfer approval notice in Dec which got approved till April 2023. Can we go to India and have that new visa stamped? Does Trump’s proclamation effect us? Will there be problem going out of the country?
Hi,
I recently got an offer from employer B and H1B transfer was approved.
I am currently with employer B and the I797 is valid until Sep 2023.
1) Can i travel to India and get visa stamping done based of Employer B and then return to USA ? First time stamping, never got stamped for Employer A H1b.
2) Do I need to carry employer A I797 and employer A is not providing me the I797 copy. Can I travel to India without the I797 copy for visa interview.
3) Am I eligible for Dropbox because it’s and H1b extension and never got stamped
Harshitha,
1. Yes.
2. No need, you need employer B approval, that’s it.
3. If you never had H1B, you are not eligible.
Hi Kumar,
My case is i have my renewal petition approved with employer A and transfer petition approved with Employer B.
But i got stamped with employer B and now i want to work with employer A
is it ok to work with employer A again
While traveling to US with employer B stamping can i show employer A approval copy at the POE ..please advise me my travel is in next 10 days
thanks
krishna
Hi,
Thank you so much for the detailed and very helpful article.
I just have one more doubt:
you mentioned the first employer can revoke the visa. How can I check that status? When I check the status on USCIS website (https://egov.uscis.gov/casestatus/mycasestatus.do) and enter the receipt number from employer A, i see the below result:
“We approved your Form I-129, Petition for a Nonimmigrant Worker, Receipt Number *******, and emailed you an approval notice. ”
Does this mean it is still valid? Does it saw revoked/withdrawn if the employer withdraws it?
I had a valid visa from employer A which is stamped and validity is through Aug 2022. I changed my employer (B) in Sept 2020 and have my new I797A from employer B, I understand I can travel to India without having to get a new stamping. I just want to check the validity of my visa.
Thanks in advance for your help!
Anusha,
It is basically a withdrawal, not technically a revoke.
It means, it was not withdrawn. What you should care is only about Employer B approval. Once you moved out of A, that does not matter.
Thank you so much for replying. So now I can go to india without worrying about stamping.
Anusha, Cheers !
Hi Anusha,
Were you able to travel back USA with previous employer Visa with new employer i797?
Hi Kumar,
I have valid H1B visa till Feb 2022 with employer A and i recently switched to employer B in the US. I am getting married in Feb and have scheduled H4 visa appointment for my wife with employer B’s I797 approval.
Will the H4 be approved if myself (principal H1B holder) is still with employer A’s visa stamp?
or Do i also need to get the visa stamp with employer B’s I797 approval?
Thanks in advance.
Hi,
I am currently with employer A and the I797 is valid until June 2023.
I recently got an offer from employer B and H1B transfer was approved.
1) Can i travel to India and get visa stamping done based of Employer A and then return to USA and provide Notice period to employer A and start with employer B ?
2) Can i provide Notice to employer A and then travel to India , get Visa stamping with employer B and travel to US and Start with employer B ?
Thanks
Please share your experience. I am in same situation
Hello There,
I have a valid H1B Visa stamping on my passport up to Jan 2022 with the same employer I am working now, recently my H1B has been amendment filed and approved for employer’s change of address, I am working for the same employer but with new I-797 (NEW I-94), would I be able to use the visa stamp from my passport and carrying new I-797 for port of entry ? any challenges that I might face and what would be the new I-94 issued look like at port of entry ?
Appreciate your comments/input.
Surya,
Read the article again, it has the details. In general, should not, if you have all info.
Hi Kumar,
Your article is well informative and really helpful. I appreciate your time and effort. Thank you. It will be great if you can clear some of my specific questions.
I have a H1B visa stamp and H4 visa stamp for my spouse and my first child from my ex-employer valid till Aug 2022. My spouse and child went back to India couple of months before and my second child born in India. Recently I changed my job and got my new h1b approval I-797A from my new employer. But looks like old employer have withdrawn their petition and the case status is shown in USCIS website as revoked (due to employment termination). But the case status for my new employer h1b is approved and valid till Nov 2023. These are my doubts.
1. Can I travel to India and come back to the US on my old employer’s h1 visa stamp with my new I-797A approval notice?
2. Will it create any issues because of the old employer’s visa revocation at the port of entry? 3. Can my wife and first child re-enter to US on their existing H4 visa stamp with support of my new I-797?
4. If I wanted to re-stamp new H1B and H4 visa, shall we need to visit US consulate again or can we do it by drop box?
4. Which I-797 shall I used for the H4 visa application for my new born baby? I-797 from my new employer or previous employer?
5. Is both parents required to appear for interview at US consulate in case of H4 visa application for children under age of 2? or either one parent enough? or can we do it by drop box?
Please clear my doubts and thanks a lot in advance.
Thanks
Jose
Jose,
1. That is the whole point of article. yes.
2. No, they only withdraw. As long as you have job and all, you are fine.
3. You could do it with dropbox.
4. New employer
5. Both need to have valid visa, to apply for dropbox for kid.
Hi Kumar,
Firstly, thanks a LOT for all the replies I saw above, they’ve been really helpful for me, really appreciate the work you are doing. My case:
– I currently have a valid i-797 from employer B that is valid till 2022.
– I have an H1B visa stamp on my passport which expired on September 4th, and has employer A’s name on it (my old job).
I have managed to find an appointment for January 15, 2021 in New Delhi for H1B visa re-stamping, as I went through the questions on the appointment website and it said that I am eligible for dropbox (no need for interview).
Do you have any information on whether I am indeed eligible for the dropbox? It is for re-stamping a H1B with a currently expired H1B visa stamp but a valid i-797 approval notice. Additionally, do you have any information on the aforementioned dropbox appointments being cancelled without reason? I don’t want to get stuck in India but I would really prefer to have my re-stamping done already.
Thanks
Aashman
Aashman,
Firstly, if you have valid I-94 when you got new I-797 from B, you do not need visa now. You only need it only to re-enter US. Read US Visa vs Status
Now, if you answered the questionnaire correctly and system said you are eligible, then you are eligible.
The situation in India is difficult with no visa slots, so unless needed do not travel. Also, you can be called for interview as well, if they want to..so, there is no guarantee. Discuss with your attorney and then only plan.
Hi Kumar,
Thanks a lot for the prompt reply. Do you know if it is possible to do the following:
Stay in USA and send my passport from USA to Delhi via courier? I can then have a family member submit the docs for passport renewal. If they end up requesting an interview after that, I am happy to forego the process at that point and am OK with the money and time lost. But, if the passport gets successfully stamped, I would have been able to get a re-stamp without leaving the states, which for me would be the best case scenario.
Thanks!
Aashman
Aashman,
That is not legal. If such is the case, no one would travel to home country for stamping.
My H1B visa with Employer A is valid till Feb 2022, i changed my job and my H1B was transferred to Employer B which is valid till Nov 2023.
I am getting married and my spouse is going for H4 visa stamping with I797 approval of employer B.
will there be any issue if H4 stamping is of employer B with validity till Nov 2023 and principal H1B stamp is still having employer A with validity till Feb 2022 ?
can anyone please answer my query.
Thanks in Advance
ANK
ANK,
it will not matter. It will be fine.
Hi,
I was wondering if you could clarify something for me. H1b stamp on my passport expired in Sep 2020. My company applied for H1b renewal and it was renewed till Sep 2023. My lawyer told me that I can stay in US till 2023 but if I ever leave, I cannot re-enter without stamping again. Is this true? Also if I want to transfer to a different employer, is it possible without a valid stamp?
Hi Kumar,
All these posts are very useful who need guidance on H1B… greatly appreciated…
I have also few queries as below, Hopefully you can help in this regards:
1. My H1B LCA amendment in progress now with employer A. Now I got an offer from a company B and they are ready to process the H1B transfer. Will there be any impact in this case while processing the H1B transfer?
2. Secondly, if LCA Amendment went into RFE… in such case if Employer B try to process the H1B transfer.. will there be any impact?(One of my colleague got RFE when he did the Visa Amendment application).
Thank you in advance !
Shilpa
Shilpa,
1. No, it should not have any impact.
2. No, they are not related. Think about it, B is applying for a new H1B Petition using your old petition approval to be cap exempt. so, they are not really related. It could be just coincidence.
Thank you!! If any chance H1B transfer got rejected, can i continue work with company A (considering premium processing)? Is there any chance company A aware about this rejection?
Hi Kumar,
I have seen all the threads and very helpful for the people who are working in USA in Job visa. I have few query, hopefully you can help me.
I am currently in USA with employer A with valid visa till December 2021. I am under an interview process with employer B and it is almost through and they are ready to file the H1B. I do not want to switch from Employer A till my H1B is approved for new employer B and i do not want to disclose the new employer details to my current employer. In such scenario, which of the below option would be better
I assume both the below options are different process and i can opt one of these while changing the employer.
1. Visa Transfer in Premium
2. New H1B in Premium
3. If i go for Premium , will i get to know about the new employer H1B status in 15 days, so that i can take decision to resign from my current employer?
Sankara
Sankara,
Technically, when they file transfer, they are filing a new petition using your previous approval, so that you are not counted towards the cap.
The best option is to always go with premium, once you have the decision, then you can be confident about the move.
Hi Kumar, Thank you so much for reply.
Is there any chance my current company will know about this transfer process unless I inform them?
Sankara
Sankara,
They would not know,unless you tell them
Thank you Kumar. I have one more question, hopefully you will be able to help me!
During the H1B transfer process ( considering normal), whether I will be travel to India with my dependents and come back after few weeks?
Will there be any issue?
Sankara,
Well, when the process is going on, it is usually not suggested to travel as the I-94 would change, if you exit and re-enter. Ideally, upgrade the transfer to premium processing, get the decision and then travel…talk to your attorney and plan,
Hello,
I am currently in US and have a valid H1 visa till year 2022 from employer A. Thinking of transferring to employer B very soon. Reading through the forum a lot of my questions are already answered. I still have couple questions and if you can answer them, that will be great help.
1. I am planning to travel to home country in the next 4 or 5 months for short duration. By that time I will be working with employer B for about 4 months. Does my existing visa from old employer will still be valid or it is required (or highly recommended) for me to go for new stamping?
2. Is there a document from the immigration department that explains this particular scenario of traveling with visa from old employer? If there is that would be helpful to carry with me and will provide an added level of satisfaction.
Again, I greatly appreciate your efforts in writing about this and also answering questions from people like me.
Thank you!
Andy,
1. no need to go for stamping.
2. I do not think so they put it explicitly like this for transfers. You can write to CBP, get a confirmation email from them and carry that.
Hi,
I have a visa stamp from my ex-employer till July 2021 but looks like they have withdrawn the petition and the case status is shown as revoked (due to employment termination).
I have done a transfer to a new employer and have a valid 797. Can I travel to India and come back to the US on my old employers’s h1 visa stamp? I am not sure if the old employer’s visa revocation will create an issue?
Thanks
Varun
Hi, your article was very helpful.
I have a question. Its bit urgent and very important! If you can help that would be great!
I traveled to US with my H1-B visa in march 2020 from my company A. I have valid visa till 2nd Sept 2020. My company A was been acquired by company B. Due to urgent required I traveled from company A and once I got my first paycheck company B applied petition transfer with extension.
My petition transfer case is been approved with extension till Mar 2023.
Due to family emergency I need to travel to India soon. Can I travel back to USA without new stamping (As H1-B stamping is in hold) with latest I-797A form.
Also my wife and kids H4 stamping is pending. Once I reach Inida I will initiate my family H4 visa will this impack there H4 stamping.
Will be there any issue while port of entry?
Thank you in advance !
Ajith,
You can re-enter US as long as it is valid and you have supporting I-797 approval notice. The visa does not have to be on the new company name. As per you, sep 2nd has expired, so not sure how you can.
Thank you very much for your prompt responses to every of my questions. I will update you when I finally enter U.S
Debs, Cheers !
Hello.
I have a valid H1B stamp and H4 stamp for my spouse till March 2022, we have both never been to the U.S
I was laid off by my employer in May 2020.
I couldn’t find another company to file a transfer for me.
I have just found a company who have filed a fresh H1B petition for me (not a transfer)
Do I still have to go for visa stamping? Or can I go with my existing valid Visa?
I spoke with the new company’s Immigration attorney and he says I can’t travel with the existing visa.
I am a bit confused. Pls help out
Debs,
Well, technically you can use the same visa and travel to US…The reason is, your visa is valid and as long as you have supporting documentation, you are fine.
Email the CBP office and get confirmation, so that you can carry that along with you. Also, you can go for H1B visa renewal using dropbox as your visa is not expired.
Hi, your article was very helpful.
I have a question. Its also a bit urgent and very important! If you can help that would be great!
I visited india in march 2020 and since then I could not return to states due to the pandemic. I have a current h1b visa from company A valid till sep 2022. Meanwhile during the pandemic ,my company decided to get acquired and I had to file for a transfer. My transfer with compamy B got approved and I received a i797B form.
This will be my first return to states on h1b visa. Can I reenter US on existing h1b from company A and a new approval letter with i797B form from compamy B? Will this be sufficient to clear the port of entry ?
Thank you in advance !
Labdhi K,
If your visa is valid, yes, you can. Carry all documentation.
Hi!
I’m in the USA and have an H1B visa with my current employer A valid until Oct 2021. I got a job offer from an employer B and I am about to start the transfer process. Due to the COVID situation, I was planning to leave the country next month and come back home for a couple of months in Colombia. My questions are:
1. Can I do the transfer process while I am in Colombia?
2. Can I come back to the USA using my current H1B stamp if I transfer?
3. In the case, that the USA embassy in Colombia is closed due to the COVID and my stamped H1B visa expires, How can I come back to the USA?
Thank you so much for your help! Your article was extremely usefull!
Maria,
1. You can.
2. Yes, you need all approved documents though
3. You cannot come back, if the visa is not valid.
It is not preferred to travel during this time as anything can happen. Unless really emergency, do not travel..
Hello,
I’m outside the USA right now and have a H1B visa stamp on my passport from my previous employer for whom I do not work now. The expiry on that H1B visa is August 2021.
However, I have a approved I-797 from the USCIS for a new employer that I wish to work for and who has transferred my H1B.
My questions are:
1. With the current presidential proclamation (06/22/2020) in place, am I allowed to travel to the USA on the H1B visa stamp that I hold from my previous employer?
2. Do I need to get a visa stamp from the U.S consulate in my home country for the new employers’ I-797 before I can travel to the USA?
Thank you so much for your help and writing such a helpful article!
Chinmay,
1. Yes as long as your H1B visa is valid.
2. Not needed.
I suggest you also check with your attorney before you travel and then make an informed decision.
I got laid off by my Employer shortly after my H1B and my spouse H4 visas were stamped, we never entered U.S with the visa.
If I have a new H4 dependent (Newborn baby)
by the time I find a new Employer to file a petition for me, can I just apply for H4 visa for the baby?
Or we must all apply for new visas?
Thanks
Debby,
You can just apply for your daughter as long as it is valid. Double check with your attorney as well as your case is slightly different.
With all these new 2020 US visa restriction proclamation, do they require specific requirements at the port of entry? On my case I have my H4 dependent still on my home country, and with the travel restriction just easing off and are only able to travel just now. We have already completed the visa stamping together last year when I was still back there on my home country, and our Visa validity is until Sep 2021. And I also have this additional situation where in my passport is set to expire in 7 months when I enter the US last Feb 2020, so when I landed here they gave my I-94 stamp until Aug 5, 2020 which is the expiration of my passport, and that resulted me to file for an work permit extension already for a month or so. I have already completed the passport renewal and have my new passport valid for another 10 years, and then already completed the work permit extension and got my approval notice that indicates new i-94 dates and valid until 2022. I inquire this on our company immigration team and they mentioned I need to have my dependent to get their passport re-stamped to get them to issue a Visa valid until 2022. My question is my dependent H4 visa is still valid until Sep 2021, why do I need to get it re-stamped? You mentioned on your explanation above the re-stamping is not required you just need to provide relevant documents to support any change, does this cover this situation as well? Last question can my dependents travel already to finally join me here in the US using their existing H4 stamped visa that is valid until 2021 and the copy of my new approval notice as additional supporting documents? I misses them a lot specially in this pandemic situation where in we are stuck at home, and me living all alone by my self for 5 months already. I really hope you could help answer these questions. Thanks in advance!
Jun,
As long as their H4 Stamp in passport is valid and they have your latest H1B documentation, they can travel back. The restriction does not apply to them. I suggest you check with your attorney once that your spouse would be arriving on H4 now and seek their advice to be sure.
Hi,
My current H1B visa expires on 26th Aug 2020 and my employer had filed for an extension on Jul 5th 2020 with Nebraska USICS and have also got a I-797C reciept notice. I have some questions –
In the document i see the following lines – what does this mean?
work authorization will only continue while this application or petition remains pending if expressly provided by statute or regulation and subject to any limitations prescribed therein
Will my I-94 be updated as my employer has filed some 50 days before the first term expiration?
Rahul,
If it is general extension, you get up to 240 days to work when pending with USCIS. it is general text, nothing to worry.
Check H1B Extension 240 day pending rule.
Hi Kumar, Thanks for the information. I have few questions. My visa was stamped in Feb 2020 and in the visa the validity was till July 2020 but i couldn’t travel to US from India. MY question are
1. As my client don’t want me to work with them in US. Is current h1b is still valid. I never travelled (from base country India) on that visa and the visa validity also expired.
2. Can i extend the same visa with new client. I need to file extension and amendment both soon i get a new client. Will the same visa still valid.
3. Can i switch to a different company (not only client) and still the same visa be valid after extension and amendment.
Sumit,
This is grey area. As you have got H1B stamping done, you are very likely to be considered for getting cap exempt H1B transfer. Meaning, you can try for transfer and it will very likely be accepted without going through lottery again. If the previous company wants to file they will file as extension, otherwise it would be a transfer.
Hi ,
I have a valid H1B stamped visa with an employer A till Jul 31, 2020. I stopped working for the employer in May 2019. i started working with employer B on h1b receipt. my transfer application was denied so came back to India.
they re-applied when I am in India and got my h1b approved and got a new I797 petition.
my employer A hasn’t revoked or canceled my visa. Can I go back to us as there are only few days left on my stamped visa.
Can I travel back to US with my valid stamped visa from Employer A?
I have approved i797 till Mar 2022
Thanks
chandra,
As long as your visa is valid on passport and you have all documents in tact, you should be fine to travel using that visa and new I-797 approval. Check with your attorney and carry all relevant documentation.
If I change my work location city with the same employer within the USA, I understand I need to file for an H1B petition amendment. However, will I also be required to get a new visa stamping the next time I leave USA?
Hi ,
I have a valid H1B stamped visa with an employer A till Jan 2021. I changed my employer in Sep 2019 to an Employer B within US. After working for Employer B for 3 months I resigned and came back to India. Then I found a new employer C in US and they filed my H1B transfer and got new I797 petition . My question is , Can I travel back to US with my valid stamped visa from Employer A and new approved I797 petition from Employer C as new H1B visa is suspended till December 2020.
Thanks
Amit Gupta,
Yes, you can as long as your H1B stamp is valid and you have all documentation that is bona fide.
I got my H1B visa stamped on 19th March 2020. Before I could plan to enter the U.S, the pandemic started and my country closed airports.
My Employer contacted me that they would withdraw the petition from USCIS.
On 21st May 2020, I tracked my case status on USCIS and I saw that a revocation notice was sent.
1. Does this affect my visa in anyway?
2. Am I eligible for h1b transfer?
3. If I find a new Employer to file a petition on my behalf do I have to go for a fresh visa stamping? Can I travel with my previous H1b visa? Thank you
Debs,
1. It will not directly affect the visa stamped, but you cannot enter US for the same employer, unless, they file a new H1B and get it approved.
2. yes.
3. you may not need to go for stamping again, as you already have got H1B stamping and it would be technically a transfer and you can re-use it. Discuss with the attorney as well at your new transferring company and then plan it out.
Hi,
My h1b got denied last August and my employer filed appeal for me. Meanwhile, I went back to my home country working remotely and waiting for the result.
In this January, I left the company for some reason, however a week after I left, the attorney informed me that my h1b appeal approved and my h1b officially approved as well.
I have never been in h1b status in the US and so far I haven’t had my visa stamp yet. That being said, my h1b hasn’t been activated.
In this situation:
1. Can I do transfer if there is a new employer willing to sponsor without stamping? And after the new h1b petition gets approved I go stamping
or
2. I should go visa stamping first even I already left old employer and then do transfer?
Thanks.
Rita,
1. It is grey area…Well, if you have not had stamping, it may not be possible…If you had stamping, there are more chances.
2. You can go for stamping now too, does not stop.
As I said, this is grey area, if you have someone willing to transfer, you can try it…
Kumar,
Thanks for your help.
One more question here: you said I can go for stamping now so that means it is ok to go even I already left my previous employer?
Just want to double confirm before I move.
Thanks
Rita,
You can go, provided, the old employer gives you all the information and supports you with Job. The reality is, you need commitment from old employer that they will hire you back on H1B in US.