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


    Lawyer agrees

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

  2. Elizabeth Clare Surin


    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


    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


    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:; skype: usvisalaw 10 S. La Salle Street,... more

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