Ben

When I entered the US the other day the immigration officer required that I show him
the approval notice that I used to get my H1B visa. I showed it to him, since I had
it with me so I could get the visa. Now I have to give it to my employer, since the
INS supposedly requires that they retain it.

When I mentioned to the immigration officer that he should take a good look at it
since I wouldn't have it with me next time, he said I should make a photocopy of it
so that I can produce it every time I enter.

I told him that it didn't make any sense, since the visa has all the
information he needs.

He said that the visa, while having an expiration date, did not show the expiration
date of the approval notice.

I said the visa has an expiration date, and that's when the visa expires.

He then said that I could be working for a company other than the one shown
on the visa.

So I said that each time I changed jobs, I was required to get a new visa, and
anyway, it would be impossible to get the visa bearing my company's name without
first obtaining an approval notice bearing the same company name.

He said that in fact I did not need to get a new visa each time I changed jobs.

I was tempted to argue, but having just spent an hour and a half waiting in their
stupid line, I decided against it. And besides, if there's anyone I want to annoy,
it's not that guy.

To the INS:

1. Asking for the approval notice when you have my visa is like the grocery store
asking for my payslip when I've given them my cash. It doesn't make any sense.

2. Next time, please put everything you need to know on the visa.

3. Please don't tell me I don't need a new visa after you just charged my employer
(and thus effectively me) over a thousand dollars to get one, not to mention
legal fees.

Thanks.

root

sorry ben, but the immigration officer was *completely* right (based on what you've
said). the visa stamp and approval notices do not have to match. here's the scenario
the consular officer was concerned about:

1. you have an h1-b stamp in your passport from company a valid for three years.
2. you leave company a and join company b with a new h1-b petition and approval
notice (but not new stamp) in the first year. this new petition will have a later
end date than the first petition (and the visa stamp you have in your passport).

you don't need to get a new h1-b stamp until your first one expires. in fact, some
consulates will even refuse to issue a new stamp until it's close to expiration. you
can leave and enter the
u.s. as long as your stamp hasn't expired. but each time you're admitted, you'll be
admitted until the date on the approval notice for company b.

i've done this quite a few times. it is, if anything, a benefit. it's a good idea to
not correlate the stamp with the duration of the visa status itself. this way, people
who change jobs don't have to leave the country to get a new stamp. and can in fact
leave and enter the country on the previous stamp as long as it has not expired.

your employer doesn't need to keep the petition and certainly not the bottom portion
(which is what is required by the immigration officer).

the amazing thing is that one u.s. consular officer abroad didn't know this and they
made me apply for a new h1-b visa (even when i had a valid unexpired stamp) because
the petitioner on the stamp and the approval notice weren't the same.

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Ben

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OK, I stand corrected in so far as the new visa is concerned, however I'm not quite
sure I understand the scenario under which I would not be admitted. Are you saying
that I could change jobs, and that the approval notice for the second job could have
an expiry date that is earlier than the expiry date of the original visa?

Secondly, if that were the case, wouldn't a person finding himself or herself in such
a predicament be tempted to enter using the approval notice for the original visa?

Ben

root

[usenetquote2]>> sorry ben, but the immigration officer was *completely* right (based on what[/usenetquote2]
[usenetquote2]>> you've said). the visa stamp and approval notices do not have to match. here's the[/usenetquote2]
[usenetquote2]>> scenario the consular officer was concerned about:[/usenetquote2]
[usenetquote2]>>[/usenetquote2]
[usenetquote2]>> 1. you have an h1-b stamp in your passport from company a valid for three years.[/usenetquote2]
[usenetquote2]>> 2. you leave company a and join company b with a new h1-b petition and approval[/usenetquote2]
[usenetquote2]>> notice (but not new stamp) in the first year. this new petition will have a[/usenetquote2]
[usenetquote2]>> later end date than the first petition (and the visa stamp you have in your[/usenetquote2]
[usenetquote2]>> passport).[/usenetquote2]
[usenetquote2]>>[/usenetquote2]
[usenetquote2]>> you don't need to get a new h1-b stamp until your first one expires. in fact, some[/usenetquote2]
[usenetquote2]>> consulates will even refuse to issue a new stamp until it's close to expiration.[/usenetquote2]
[usenetquote2]>> you can leave and enter the[/usenetquote2]
[usenetquote2]>> u.s. as long as your stamp hasn't expired. but each time you're admitted, you'll[/usenetquote2]
[usenetquote2]>> be admitted until the date on the approval notice for company b.[/usenetquote2]
[usenetquote2]>>[/usenetquote2]
[usenetquote2]>> i've done this quite a few times. it is, if anything, a benefit. it's a good idea[/usenetquote2]
[usenetquote2]>> to not correlate the stamp with the duration of the visa status itself. this way,[/usenetquote2]
[usenetquote2]>> people who change jobs don't have to leave the country to get a new stamp. and can[/usenetquote2]
[usenetquote2]>> in fact leave and enter the country on the previous stamp as long as it has not[/usenetquote2]
[usenetquote2]>> expired.[/usenetquote2]
[usenetquote2]>>[/usenetquote2]
[usenetquote2]>> your employer doesn't need to keep the petition and certainly not the bottom[/usenetquote2]
[usenetquote2]>> portion (which is what is required by the immigration officer).[/usenetquote2]
[usenetquote2]>>[/usenetquote2]
[usenetquote2]>> the amazing thing is that one u.s. consular officer abroad didn't know this and[/usenetquote2]
[usenetquote2]>> they made me apply for a new h1-b visa (even when i had a valid unexpired stamp)[/usenetquote2]
[usenetquote2]>> because the petitioner on the stamp and the approval notice weren't the same.[/usenetquote2]

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i didn't think of that possibility, but i suppose it could happen. i believe the
concern is because you're allowed to *only* work for a petitioner for whom you have
an approval notice (which may be different from the one on your visa stamp if you
have changed jobs). this information is recorded on your i-94.

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assuming the person has changed jobs, this would probably be committing fraud and
violating h1 if the person continues to work since the i-94 will list the petitioner
(of the original approval notice).

this is my take on the issue.