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HOB stamping questions

Bridgewater, NJ |

I have a valid stamped HOB visa till some time next year ( 2014 ) from company A . I have changed to company B last year and they have applied for a visa transfer . Before a month company A has revoked the HOB . Now the transfer to company B got approved and the petition came in favor with a validity till 2015 . If I go to my home country , do I need to go for a stamping now ?

Attorney Answers 3

Posted

No. But maybe it would be a good idea to avoid any unnecessary hassle from CBP at the airport.

In 2007, USCIS issued a memorandum setting out that so long as the applicant has a facially valid H-1B visa and an I-797 Approval Notice form the new employer, he should be allowed to enter on the visa from the previous employer. (you may Google the Aytes Memorandum, Validity of Certain Nonimmigrant Visas, July 8, 1997, to read it). So as long as you follow these steps, you should be fine.

However, I have also seen persons have trouble on re-entry despite the memo. You have to weigh out the benefits of waiting to get a new stamp at the embassy or relying on the memo.

Unless you think you would have significant "administrative processing" time, the prudent approach would be to get a new visa stamp for the new company. But pursuant to the above memo, from the facts you gave, so long as you have the approval notice and your visa is valid, you should be fine as well. If you choose the latter, it would be smart to have a copy of the memo with you when you de-plane.

Since your company should have an immigration attorney already, have you asked them this question? As you know, this is not legal advice; before you travel you should sit with a knowledgeable immigration attorney, show her or him your documents, and get advice you can rely on before you travel. And it's nice to have their cell number so if you have a problem you may be able to call them.

Good luck!

John

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Posted

There are no HOB visas in the US. You are perhaps referring to an H-1B visa. If so, you will need to have a valid H-1B visa stamp to return to the US from a trip abroad.

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.

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Posted

I have a valid stamped H1B from company A till 2014, who has revoked the visa. But I have a valid H1B from company B till 2015. Do I need to go to stamping in this case?

Posted

It sounds like you ported to a different H1B employer. If you travel abroad, take all the I-797 approval letters etc with you when you travel. While you are in your home country - it would be best if you made a trip to the consulate and had them stamp you passport with the new H1B information. Consult with an immigration attorney before you travel.

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