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

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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. 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. Any comments offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship. If you would like additional information based on this response, please contact my office at 510 657 7665 or 415 902 0832 to schedule a consultation.


  2. 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 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.


  3. 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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