Questions on H1B Stamping after H1 Transfer


I started working for a new employer based on the H1B receipt Number and the status as on today is H1b Case Received, I have below questions as I am planning for a trip to India to see my family which is a must

Here are my details

· H1 B Approved for previous employer May 2013

· Landed on US on previous petition Oct-2014, worked for 1 Year

· H1 Transfer initiated by new employer (Regular Processing) Oct 2015 and got the receipt Number by Oct end

· Started working for new Employer at client place November 02nd , project end date mentioned in LCA 11/2017

· Status as on Today: Case received

· I 94 Valid through May 2016

· Stamp in Passport valid till April 2016

· Plan to visit India : Feb 2016

Can you clarify below?

How much time it may take to receive the H1b Approval, it is regular processing nowShould I ask the employer to pay for premium so that I meet the target plan of Feb 2016Do I need to go for stamping in India as I changed the employer?I understand we need not go for stamping as my I 94 is valid through May 2016, and I can show the latest I 797 at POE, is it true?My present employer I am working is a small consultancy and have a big scope of expansion in few months, to be frank I am the only employer now, will there be a problem if I have to go for stampingI need to apply for H4 stamping for my wife and daughter, again if I shouldn’t go for stamping, will there be a problem for themAny suggestions on how can I take this up this case would be great

Thanks in Advance

  1. Normal processing time can vary from 2-6 months.

  2. Yes, you should do that. If you file PP now, and in case there is RFE issued you will still have time to respond to it and get the decision before Feb 2016.

  3. If your previous visa stamp has not expired, then the same can be used. New stamping is required only when the old visa stamp has expired.

  4. Your I-94 doesn’t control whether stamping is required or not - your visa stamp does. When returning, you will have to show an unexpired visa stamp and unexpired valid petition; and a new I-94 will be issued at PoE.

  5. Stamping may not be required based on (3) and (4). But it may still be an issue during petition processing.

  6. Do your dependents have their H-4s stamped already? If yes, then when are they expiring?

Hi Saurabh,

Thanks for your quick response,Appreciate it !!!

I will ask my employer to file PP

My visa stamp will be still valid by the time I return to US, do I need to go back to India/other country for stamping again, here in this case it expires May 2016 ? the reason i ask " the time between March and May is only 3 months ,i may not be granted leave for another trip outside US (sorry for too generic question u might have answered in other posts)

Reg Dependent, they don’t have H4 stamping, this will be their first time interview


If your visa stamp expires and you are inside US, then you don’t need to get visa stamped. You can continue to stay and work on H-1 based on your 797 and I-94. Visa stamp is required only when you have a reason to travel outside of US and wants to return on H-1.

Did that answer your question?

Thanks for your swift reply , Saurabh

Hi Saurabh,

Quick question, My employer had filed for premium processing and i would be good with the travel in Feb provided there are no RFE’s, Is there any mandate limit on number of months that the visa should be valid in passport when i am entering US ( I have visa validity (passport) till Apr 2016,my new I 797 will be valid till November 2017 ,i would be at POE on 6th March 2016) ,Note i am not going for stamping after H1 Transfer

Even if you have 1 month validity left on visa stamp, it should be ok. You should receive an extended I-94 based on your latest 797.