H1B Visa

Asked about 1 year ago - 06340

I have H1 stamped till next year end. Company A sponsored this H1 for me and i worked for them in US for 1 year and back to my home country.

Now i have company B who is filing H1B petition for me, Can i use the H1 stamp of company A with new approved H1B petition from company B to travel back to US and work in US for company B.

Or is it mandatory to go to consulate for stamping for H1B visa from company B.

Is I-94 given when i come back based on visa sponsor or is I-94 given for employer for whom i will work for.

Regards

Attorney answers (5)

  1. Eliza Grinberg

    Contributor Level 19

    4

    Lawyers agree

    Answered . Yes.

  2. Alexander Joseph Segal

    Contributor Level 20

    4

    Lawyers agree

    Answered . You should ask company B's immigration attorney to answer this question for you. They are paid to communicate with you. They know the facts. As a general rule, you can use that stamp provided the new petition was filed and is approved.

    NYC EXPERIENCED IMMIGRATION ATTORNEYS www.myattorneyusa.com; email: info@myattorneyusa.com; Phone: (866)... more
  3. Fadi N. Minawi

    Contributor Level 14

    4

    Lawyers agree

    Answered . Can use stamp however would need to file a H-1B port.

    Legal disclaimer: For specific advice on your case, Mr. Minawi can be reached at 1-866-929-0991 ext. 206 or by... more
  4. Dana Roxana Bucin

    Contributor Level 15

    2

    Lawyers agree

    Answered . If you have spent time in your home country before filing the new H-1B petition, then you cannot do H-1B portability or H-1B transfer. Your I-94 is specific to your employer. I believe you would have to get a new H-1B stamp based on the new I-94/ Notice of Approval.

    Contact: 860-548-2629 or dbucin@uks.com. This answer is provided for general education purposes only and is not... more
  5. Alexander M. Ivakhnenko

    Contributor Level 20

    2

    Lawyers agree

    Answered . I concur with Counsel Segal's opinion that the best source for any valuable inquiry on your pending immigration case is Company's B immigration attorney X.

    DISCLAIMER The answer given above by the lawyer serves for educational purposes only and provides general... more

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