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H1b portability - new stamp needed??

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  • H1b portability - new stamp needed??

    Wondering if anybody has been in this situation: I got my H1B in the passport with company A, and now I work for comany B for which I got the petition approval. I know need to travel abroad for work and my question is if I need a new stamp with another H1B stamp in my passport. I got most controversial info about it, and coming from US Customs & Border (since USCIS said they don't have the answer): I called one day and I was told I need a new stamp, and next day I was told I don't. Meanwhile I found a Dept. of State cable sent to all consulates in 2001 saying very clearly I do not need a new stamp just because I changed employers, and since my H1B is still valid.
    Any info will be grately appreciated.

  • #2
    Wondering if anybody has been in this situation: I got my H1B in the passport with company A, and now I work for comany B for which I got the petition approval. I know need to travel abroad for work and my question is if I need a new stamp with another H1B stamp in my passport. I got most controversial info about it, and coming from US Customs & Border (since USCIS said they don't have the answer): I called one day and I was told I need a new stamp, and next day I was told I don't. Meanwhile I found a Dept. of State cable sent to all consulates in 2001 saying very clearly I do not need a new stamp just because I changed employers, and since my H1B is still valid.
    Any info will be grately appreciated.

    Comment


    • #3
      Those YOU WOULD ASSUME would know the right answer often don't in the world of U.S. immigration.

      You do not need a new stamp if the current one has not yet expired. YOU DO however have to bring your new approval notice with you. NOTE: I said APPROVAL NOTICE, I would not recommend traveling with just a receipt notice even though the receipt notice does allow you to commence employment with a new employer.

      I always advise people to carry a copy of the LCA, I-129, their current resume and a recent pay stub in addition to the current I-797 approval notice. I think that these documents serve as substantial evidence that:

      1. The employer on the approval notice did indeed apply for an H-1B on your behalf for the dates indicated

      2. A valid LCA was also filed

      3. You are qualified for the postition

      4. You are still employed with the employer.

      YOU SHOULD NOT SHOW THIS INFORMATION TO THE OFFICER UNSESS HE ASKS FOR IT. However if he does ask for it, it is nice to have it handy.

      Comment


      • #4
        Sugarpuff, you are so knowledgeable, really help me and I thing a lot of other people too. Kudos!! Greatg advise for this H1B portability and my GC application. Can I send you chocolates?

        always advise people to carry a copy of the LCA, I-129, their current resume and a recent pay stub in addition to the current I-797 approval notice. I think that these documents serve as substantial evidence that:

        1. The employer on the approval notice did indeed apply for an H-1B on your behalf for the dates indicated

        2. A valid LCA was also filed

        3. You are qualified for the postition

        4. You are still employed with the employer.

        YOU SHOULD NOT SHOW THIS INFORMATION TO THE OFFICER UNSESS HE ASKS FOR IT. However if he does ask for it, it is nice to have it handy.
        always advise people to carry a copy of the LCA, I-129, their current resume and a recent pay stub in addition to the current I-797 approval notice. I think that these documents serve as substantial evidence that:

        1. The employer on the approval notice did indeed apply for an H-1B on your behalf for the dates indicated

        2. A valid LCA was also filed

        3. You are qualified for the postition

        4. You are still employed with the employer.

        YOU SHOULD NOT SHOW THIS INFORMATION TO THE OFFICER UNSESS HE ASKS FOR IT. However if he does ask for it, it is nice to have it handy.

        Comment



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