Do I haveto get stamping for my H1B if I have changed my status from H1-H4-H1?

Asked over 1 year ago - 33619

I started working in h1b with Company-A in 2010 and the visa is valid till October 2013. I went to India and got stamping as well. In 2012, I changed my status to H4 , and in 2 months I got a job that transferred my visa status back to H1B to Company-B. When I received the I-797, they have given the validity date till Oct 2015. Now, if I go to India for vacation, do I have to get stamping before I enter USA? I have a valid I-797 with company-B, and a stamping from Company-A valid till Oct 2013, but had a change of status to H4 inbetween. Will this bring trouble in port of entry, IF I DONT GET STAMPING? I am not sure only because I have changed my status in-between.

Attorney answers (4)

  1. Jose Antonio Moreno

    Contributor Level 15


    Lawyer agrees

    Answered . I agree.

  2. Tripti Sharad Sharma

    Contributor Level 19

    Answered . You can seek entry based on valid H-1B visa and new company's approval notice.

    This response is general in nature and cannot be construed as legal advice, given that not enough facts are known.... more
  3. J Charles Ferrari

    Contributor Level 20

    Answered . You only need a new stamp if your current one has expired or is about to expire.

    J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not... more
  4. Emel Ersan

    Contributor Level 6

    Answered . Yes, you can enter with your H1 as long as it has not expired. You only need to get a new stamp for the H4 when the H1 visa on your passport expires.

    This is only a short advice- you should not file anything without getting the full facts from a lawyer.
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