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Do I have to Restamp VISA if I change my employer to go out of Country ??

Austin, TX |

I have my visa stamped till Apr 2014 with my old employer. I recently changed job and got approval for visa transfer with new employer. Do I have to re stamp my visa with the new employer in order to go out of country and come back??. If No, I received the approval notice for the 1-797 transfer but did not receive an original copy of new I-797 yet. Attorney says it takes 2-3 weeks to receive the original. Can I go out of country and come back since I already have stamped and also my H1B transfer has been approved.

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Attorney answers 3

Posted

Yes, you can travel out of the country and return without needing to again apply for a consular visa stamp. As long as your "transfer" is for the same visa classification, you are OK.

Just make sure to bring in an employment confirmation letter from your new employer, addressed to the CBP at the airport. That letter has to be similar in content and form to the old employer's letter which you perviously took with you to the consulate.

Yes, it does take at least 2 weeks to receive the original approval notice. Make sure you have that on your person as well upon your return from the foreign trip.

Behar Intl. Counsel 619.234.5962 Kindly be advised that the answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.

Posted

Only if your current visa stamp is in a different visa classification or has or will be expiring prior to your return.

J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.

Posted

If you changes employers under H-1B category without and you have a valid H-1B visa stamp in your passport , you do not need a new visa but should carry the original approval notice with you we you return to the US.

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