H1B Stamp required?

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Old Jan 31st 2005, 11:38 am
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Default H1B Stamp required?

Hi All,
My friend has a valid H1B stamp from a company A, but he is currently working for company B. He is now travelling to India, and he was concerned if he requires re-stamping for the company B? Or can he enter US with the valid stamp from company A and approval notice (I-797) of company B?

Thanks in advance and let me know, if more information is required.

Thanks much!

- Alex.
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Old Jan 31st 2005, 6:36 pm
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Default Re: H1B Stamp required?

Originally Posted by AlexanderAshok
Hi All,
My friend has a valid H1B stamp from a company A, but he is currently working for company B. He is now travelling to India, and he was concerned if he requires re-stamping for the company B? Or can he enter US with the valid stamp from company A and approval notice (I-797) of company B?

Thanks in advance and let me know, if more information is required.

Thanks much!

- Alex.
Your friend can use the prior visa stamp for re-entry. Below is a passage taken from an immigration lawyer's web page on the issue:

Visa Stamp of Prior Employer Remains Valid
©MurthyDotCom
If the H1B employee has an unexpired H1B visa stamp in the passport with a prior employer, that visa remains valid until its expiration date for use at the time of reentry from abroad to work with a new H1B employer. Of course, the new H1B employer has to file and obtain a new H1B petition approval for that employee to work at its work location/s. Even though the visa stamp will contain the name of the prior H1B employer, it may be used at the time of entering the United States with the H1B petition approval of the subsequent H1B employer / sponsor, as long as the H1B employee is eligible for entry in H1B status. The important thing to remember here is to request that the POE Inspector stamp the I-94 card valid until the date of the H1B approval notice with the present employer and not the earlier visa validity date stamped in the passport with the earlier employer. To avoid this problem, some H1B employees prefer to obtain a new H1B visa stamp from a U.S. consulate. This new visa stamp carries a notation with the name of the new employer and a new validity date.
©MurthyDotCom
We at The Law Office of Sheela Murthy, P.C. hope that this detailed analysis puts many fears, rumors, and questions to rest on this issue. We are pleased to be able to review and analyze the articles carrying the erroneous information to clarify matters for the benefit of our MurthyDotCom and MurthyBulletin readers.
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