H1B Stamp from ex employer not expired, do i need stamping

rakeshjourno · December 29, 2012, 8:47pm

I entered US on H1B from employer A

My visa stamp was till Date X (stamped on my passport)



On H1B from A, while still in US, employer B hired me and currently holds my H1B



I797 for employer B is approved till Date Y &gt; Date X (stamped on my passport)



I will visit India in next 15 days and my return is before Date X



 



I checked US Visa site http://www.ustraveldocs.com/in/in-niv-paymentinfo.asp



 



Certain individuals may not need a visa, for example:


	If you already hold a valid visa for your intended purpose of travel, you may not need a visa.


 



My Q is - Am i allowed to go for visa stamping



Am i required to get a new stamp due to employer change

sudeeptravels · December 29, 2012, 10:44pm

Dear rakeshjourno,

In practical terms, Airline will allow you to board the flight out of India on old valid visa. I understand new I 797 is honoured at POE in USA and You are back to routine in USA.



But the other side of coin is - Consulate insists that when you change job you should get fresh visa stamped.Remember visa is stamped with employer name on it



Also it is for you to decide - What is the time gap between period X &amp; Y



If that gap is relatively short and you are not likely to visit India between Dates X&amp; Y then only it is worth it to skip visa stamping this time.If that time gap is large



and you are likely to visit  India later before expiry of yr new I797 then you do not gain anything by skipping visa stamping this time.



Also having  a longer validity visa stamped on passport always keeps you ready for any unforeseen reason that warrants your visit to India at short Notice.



One more point. Your skipping the visa stamping after changing the job can be noticed by consulate when you go for visa stamping next time.



If you are unlucky to get an obstinate visa officer he/she can punish you with 221[g] next time. You will not know what hit you and why

Saurabh · January 3, 2013, 2:24am

IMO, no stamping is required as long as the previous visa stamp is still valid. You can still go for stamping if you want to, but there is a risk of running into 221g during the stamping (based on your profile, employer, job etc).

But like sudeeptravels mentioned, if stamped successfully you get a visa stamp for a longer duration which covers your travel dates for a longer period.