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Retrogression, priority dates and Visa bulletins Issues surrounding the retrogression of the priority dates for the various employment based categories

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  #1  
Old 03-07-2007, 11:02 AM
extofu extofu is offline
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Question Question about H1 stamping

Here is my situation

Studied in US on F1 and directly started working for company A from 2002. Got a H1 stamp when out of country in 2003.
Since then moved to company B (in 2005) and H1 visa is now on the second three year term (valid till 2008) . Am on the verge of moving to company C. Will be out of the country all of april and had a few questions

1) Do I need to have stamp on my passport when I switch between F1 and H1only or do I need the stamp even if I have switched firms since the last time I got my passport stamped

2) What happens if I get the stamp say on H1 on 1st April (while on payroll of company B), quit company B (while outside US) and join company C and then return to US in last week of April without getting another stamp. Will I face any issues when reentering USA (given that the stamp is for company B even though I don't work for it anymore) or do I need the accurate stamp when coming to USA?

Your help will be deeply appreciated

Thanks
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  #2  
Old 03-07-2007, 11:43 AM
a_yaja a_yaja is offline
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Default New Stamp Required

You require a new H1B stamp in your passport. If you look at your existing H1B stamp - it will have the name of your company (it is not clear from your post if this is Company A or Comapny B). Once you quit the company and leave this country, you need to have new stamp. In your case, you must have H1B stamp from Company C when you enter after you leave the country (unless you are visiting Mexico or Canada - in which case you can use automatic revalidation rule - provided you are out of the country for less than 30 days).

I am not sure what will happen if you try to reenter on a H1B with old company. The POE will have some way to find out in which company u r working.
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  #3  
Old 03-07-2007, 12:34 PM
roseball roseball is offline
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Default no stamp need if ur visa stamp is still valid

you can re-enter with previous visa stamp with company A's annotation as long as it is still valid..however, you need to have the latest I-797 approval notice from your current employer and show it to the immigration officer at the poe...
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  #4  
Old 03-07-2007, 01:06 PM
extofu extofu is offline
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Default Thanks a_yaja for the reply

Quote:
Originally Posted by a_yaja
You require a new H1B stamp in your passport. If you look at your existing H1B stamp - it will have the name of your company (it is not clear from your post if this is Company A or Comapny B). Once you quit the company and leave this country, you need to have new stamp. In your case, you must have H1B stamp from Company C when you enter after you leave the country (unless you are visiting Mexico or Canada - in which case you can use automatic revalidation rule - provided you are out of the country for less than 30 days).

I am not sure what will happen if you try to reenter on a H1B with old company. The POE will have some way to find out in which company u r working.
My current H1 stamp is for company A.

Based on what you wrote, would you advise me to get the stamp of company C if I have plans to change to C eventually? I know that when I will be reentering USA, I will be on the payroll for company C.
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  #5  
Old 03-07-2007, 01:07 PM
extofu extofu is offline
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Default Whats the meaning of 'still valid'

Quote:
Originally Posted by roseball
you can re-enter with previous visa stamp with company A's annotation as long as it is still valid..however, you need to have the latest I-797 approval notice from your current employer and show it to the immigration officer at the poe...
Could you please elaborate? I have a stamp from company A but I have quit it in 2005.
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  #6  
Old 03-07-2007, 05:25 PM
roseball roseball is offline
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Priority Date
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Nov-03
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Default

Still valid meaning it has not expired.
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  #7  
Old 03-07-2007, 05:34 PM
a_yaja a_yaja is offline
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Priority Date
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May-06
Category
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EB2
I140 Mailed Date
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08/02/2006
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India
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I-485
I485 Mailed Date
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07/27/2007
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Default

Quote:
Originally Posted by extofu
My current H1 stamp is for company A.

Based on what you wrote, would you advise me to get the stamp of company C if I have plans to change to C eventually? I know that when I will be reentering USA, I will be on the payroll for company C.
Yes, you should get H1B stamp with Company C's annotation. Roseball's comments seems to suggest that it is not necessary to get a new visa as long as you H1B has not expired. However, that is not what I was told by my attorney when I changed employer and had to visit India. Also, during my interview in Chennai, the officer told me "I see that your application is for change of employer". I just said yes. I think it is best that you get in touch with an attorney and seek attorney's opinion. They are the experts and will have the correct information.
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  #8  
Old 03-07-2007, 05:42 PM
sagar_nyc sagar_nyc is offline
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Priority Date
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Dec-04
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07/01/2006
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Default My case

I was with Company A. and had visa stamped for company A till Dec 2006. I switched from Company A to B in Nov 2004. and travelled to India in July 2005. Since I had a valid visa from company A, I didn't got it stamped with company B. Although I carried my transferred H-1 (Company B) and showed it to Immigration Officer upon arrival, which he was fine with.

Again This is not a legal advice. Please consult to lawyer before leaving.

Good Luck
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  #9  
Old 03-07-2007, 06:43 PM
ksach ksach is offline
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Priority Date
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May-06
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Default not required if the visa has not expired

In my experience, it is not required if your are still within the expiry date on the previous stamping and the previous stamping was for a H1-B. You just need to show the latest 797 ( h1-b approval) . I have used this feature many times, and have even changed two employers in between. Never had a problem, except once while coming back from Canada. The immigration officer was new and hence went and asked her superior who said it is no problem. I was let thru with not problems after that. I never had a problem in SFO, thru which i travel frequently.

I think i saw a FAQ for this on murthy.com . check that site as well.

In the end, I am not an attorney, so dont legally hold me to my response. consult your attorney.
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