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New Passport, New I797, Visa stamp for old employer in Old Passport - Immigration Information Discussion Forum
I am currently in US on H1B visa.
While in US, I changed employers earlier this year and now I have got my passport renewed.
So I have new I797 and new passport and my H1B Visa stamp for the old employer and valid for 5 more months is in old passport .
I am planning a vacation to india for 3 weeks.
Do I need to go for stamping while returning considering:
1) I have changed employers
2)My visa for old employer is stamped in old passport and it will be valid just for 4-5 months when I enter US.
Note that my old passport is valid till March 2010 but still I got it renewed while in US from Indian Consulate in SFO.
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You don't need to go for fresh visa stamping.
You need to carry your old passport with valid visa stamp, new passport and new I-797.
At POE give your new I-797 , so that you will get I-94 till the expiry of new petition.
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Thanks for reply.
I would appreciate if someone can provide some written text or memo on this....
Has anyone had first hand experiences where visa for old employer was in old passport and not the latest passport.
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This cable from the Department of State is typical:
Quote: : Unclassified Telegram
February 14, 2001
ALL DIPLOMATIC AND CONSULAR POSTS - ROUTINE
Origin: VO
From: SECSTATE WASHDC (STATE 27960 - ROUTINE)
TAGS: CVIS
Captions: VISAS
Subject: New H-1(B) Provisions
Ref: None
1.
Summary: Public Law 106-396 provided for, among other things, "portability" for H-1(B) aliens, permitting them to change jobs during the pendency of the adjudication of petition filed by the new employer.
Set forth below are the considerations for issuance of a new visa, if needed, by such H-1(B) aliens.
2.
SEC. 105 OF PUB.L.
106-396 provided that an H-1(B) nonimmigrant could change employers without penalty providing the following criteria were met:
(A) The alien had been lawfully admitted;
(B) The new employer filed a petition for the alien prior to the expiration of his/her authorized stay;
(C) The alien had not worked without authorization prior to the filing of that new petition.
3.
INS regulations do not provide for the automatic revocation of an H-1(B) petition when the employee leaves his/her employer.
The petition remains valid until its expiration date or its revocation on notice from the INS pursuant to receipt of information (usually from the employer) that the alien is no longer employed (which occurs rarely).
Therefore, in most cases the continued validity of the petition will support "portability" of status to a new employer.
4.
It is quite likely that some H-1(B)'s will travel during the period following their acceptance of new employment.
The service considers them admissible without a new visa during the period of validity of the original petition plus ten days, provided the alien meets the following requirements:
(A) The applicant is otherwise admissible;
(B) S/he has a valid passport and visa (even if it is the original visa with the prior employer's name);
(C) S/he has the prior form I-94 or a copy thereof or a form I-797 showing the original petition's validity dates;
And
(D) S/he has a dated filing receipt or other evidence that a new petition was filed in a timely fashion.
5.
Therefore, an H-1(B) alien traveling abroad will need a new visa only if the original visa has expired.
This should be fairly rare as the visa and petition have the same expiring date, unless the reciprocity schedule caused otherwise.
If both the prior visa and prior petition have expired, the applicant would not be eligible for a new H-1(B) visa until the new petition has been approved.
6.
Consular officers issuing visas to such applicants must require the same evidence the service needs for admission, i.e., a valid passport, evidence that the old petition is still valid, and evidence that the new petition was timely filed.
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Ron, Can I still travel on visa stamp for the old employer if:
Old employer has revoked the petition after I left them?
Visa stamp for old employer is in my old passport and the new renewd passport doesn't have the stamp.
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