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

Asked almost 2 years ago - 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)

  1. Robert West

    Contributor Level 20

    1

    Lawyer agrees

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

  2. Elizabeth Clare Surin

    Pro

    Contributor Level 15
    Best Answer
    chosen by asker

    Answered . 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... more
  3. James A. Bach

    Pro

    Contributor Level 8

    Answered . 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... more
  4. Mary Carmen Remigio Madrid-Crost

    Pro

    Contributor Level 18

    Answered . 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,... more

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 

Ask now

25,694 answers this week

2,856 attorneys answering

Legal Dictionary

Don't speak legalese? We define thousands of terms in plain English.

Browse our legal dictionary