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Do I need to go for HOB extension stamping if I changed employer

Houston, TX |

I am working with HOB valid ( Deistic ) though company A stamping , I changed my company to B and my HOB be got extended till Apr 2015 . I am planing to go for vacation to India . Recently I heard from my friend , stamping is not required for HOB extension . Do I need to go for HOB extension stamping if I changed employer ( A to B ) ? Appreciate your advice .

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You can enter the U.S. only on a valid visa. If your previous visa is still valid, you may use it or you will apply for a new visa at the Consulate abroad.

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.

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I believe you intended to say H-1B visa. The answer to your question is NO. You are not required to re-stamp your H-1B visa if it is still valid and your change of employer was granted from inside the US and your status was extended. You must travel using your valid H-1B visa (even with the old employer's name shown on the annotation) AND the original approval notice for the new employer. The CBP officer at the port of entry shall grant you stay on the new I-94 until the expiration of the new approval notice, even if this date is beyond the expiration date of the H-1B visa stamp. You are NOT required to apply for a new visa in your current scenario.

This answer does not create an attorney-client relationship and should not be relied as legal advice on your case. You may call my office at (832) 305-5382 to schedule a consultation if you require specific legal advice. Law Offices of Hector J. Lopez. 1201 South Shepherd Dr. Houston, TX 77019.

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Thanks a lot for information.. I have worked for a company 'A' where my visa got expired on DEC 2012 however i joined an another company before DEC 2012 and got my H-1B petition approved till APR 2015. I am planning to go to India in the Month of May 2013 for a vacation so do i need to go for the Visa stamping with the new approved petition ?? If i need to go for the Visa stamping could you please let me know how to proceed?


I agree with my colleagues

Samuel Ouya Maina, Esq. 415.391.6612 Law Offices of S. Ouya Maina, PC 332 Pine Street, Suite 707 San Francisco, CA 94104

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