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H1B Visa

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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

Posted

Yes.

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Posted

Hi Thanks for reply. Can you please be elaborate. I am looking for these three answers to these three questions. 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.

Eliza Grinberg

Eliza Grinberg

Posted

Read Mr. Segal's answer. He gave you the details.

Posted

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) 456-­8654; Fax: 212-964-0440; Cell: 212-202-0325. The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter.

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Asker

Posted

Thanks for reply. When filing for new H1B petition there are two options change of status vs consular processing. Can new H1B petition be filed with change of status even when i am out of us. Or for new H1B petition if i am out of US it is mandatory to be put as consular processing.

Posted

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 email-fadi@visaplace.com.This answer does not establish an attorney client relationship. www.visaplace.com

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Posted

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 intended to provide, nor does it provide, any legal advice.   By viewing this answer you understand and expressly agree that there is no attorney-client relationship between you and the attorney who authored the answer.  Should you need legal advice, please contact a licensed attorney who practices in this area.  Readers of this answer and the information contained herein should not act upon any information contained in this answer without seeking legal counsel.

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Posted

Thanks for reply. Can you more clear in your answer. Other people have said differently than you. I-94 is not the petition , it is the document that is given on entry to US. I797B is the petition for H1B. Seems like you have mixed those. As far as i know I797B petition approval with old stamp which has not expried is good enough to travel to US. Is that correct or not. If not will you please clarify in detail.

Posted

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 information and a basic understanding of the applicable law. Take notice that the answer above does not create an attorney-client relationship as this website is not intended to provide anyone a specific legal advice. Anyone using the site expressly consents that there is no attorney client privilege between any person and any attorney responding. Further take notice that the site should not be used as a crude substitute for any professional and competent legal advice by a licensed professional attorney in the applicable jurisdiction. The attorney above attempted to provide competent professional opinion, however, the law and its applications may change frequently and vary greatly from other U.S. jurisdictions and locales. Therefore, any information and opinions stated above are general in nature, and may not apply to specific factual or legal circumstances related to one's current legal issues. Contact an experienced lawyer admitted to practice in your State under an attorney-client privilege to further receive a comprehensive legal before making an educated decision about your particular legal issue. If you have further inquiries you may contact: Attorney Alexander Ivakhnenko 1021 West Adams, 102, Chicago, Illinois 60607 773-562-8602 http://alexanderivakhnenko.com

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