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There was break in empoyment for 5 mths, same employer rehiring me -new I797B. H1B stamp valid till 2013. Do I need re-stamping?

San Francisco, CA |

I had to terminate my employement in Dec 2011 and moved back to India immediately. Now I want to return to US with new I797B filed by the same employer. I have a H1B stamp for the same employer valid till next year. Do I need a H1B restamping in embassy given the fact that there was a break in the employment?

Thanks...your feedback is awaited.

Attorney Answers 4

Posted

No, you can reenter on the still valid visa to work for the same employer.

An attorney-client relationship is not formed by my responses to questions on Avvo. My responses are not intended to be legal advice and must not be relied upon as legal advice.

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2 comments

Asker

Posted

Thank you for the reply. Just need a further clarification. The WAC number on current h1b visa will not match the new I797B petition that has been approved. The employer name matches. Would that be an issue at Point of Entry?

Asker

Posted

Just adding a word for clarification: The WAC number on current h1b visa "stamp" will not match the new I797B petition that has been approved. The employer name matches. Would that be an issue at Point of Entry?

Posted

You need new stamp since the old H-1B is no good due to termination of employment.

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1 lawyer agrees

2 comments

Asker

Posted

Thank you for your reply. I just read the comments on this thread : http://www.avvo.com/legal-answers/old-h1b-visa-stamp-with-new-approved-i797b-without-550079.html?ref=related_documents_title_1 I am wondering why the h1b stamp is not required in this case whereas it is required in my case?

Robert West

Robert West

Posted

Because the stamp is job specific. This is a "new" visa. Look at your stamp, there is a case number attached to it. That is a different case number ie approval. I do not agree with the others on this one.

Posted

Did the employer not revoke your H-1B when you returned to India? Are you being offered the same position and same condtions of employment?

Madrid Crost Law Group - (888) 466-4478; e-mail: mc@madridcrost.com; skype: usvisalaw 10 S. La Salle Street, Suite 3320, Chicago, IL 60603 Please consult with a licensed immigration professional to provide you with a thorough legal advice. This response is not a substitute for specific legal advice and it should not be construed to create an attorney-client relationship. Please help stop notario fraud. Please visit and share this site: www.stopnotariofraud.org.

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1 comment

Asker

Posted

The old petition was revoked but a new petition I797B has been approved. The employment conditions and position are same. Do I require a new stamp as well? The old stamp is valid till next year with the same employer name.

Posted

So far you have three answers: yes, no, and more questions.

More questions wins. This situation is very fact-specific, and you should consult the employer's attorney who handles its H-1B cases.

This is only a preliminary response to an inquiry, based on incomplete information. Helpful advice and counsel can only be provided after you have discussed your case with Mr. Bach, he is familiar with all of the circumstances of your case, and the advice is provided in writing. Any opinion provided here should not be relied upon for any purpose. No attorney/client relationship is formed until you have formally retained our law firm to represent you. We are not responsible for any action or lack of action you take based on this preliminary response.

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