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Clarification Needed

Discussion in 'Immigration Matters' started by rsa, Jan 31, 2010.

  1. rsa

    rsa New IL'ite

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    Hi All,

    My friend who got H1-B, stamped passport for the employer A & worked for that employer Afor one yr.. After one yr, changed to new employer B for which H1-B was succesful. My friend has got all papers with him for both employers. Stamping for employer B is not yet done. Passport got valid visa entries for employer A (still valid ,not expired yet). Now, wants to visit to India for a short visit. but wont be able to go for stamping.

    Is it ok if my friend travel now, since passport got valid visa and all the papers are with my friend for both employers.

    Thanks!
     
    Last edited: Jan 31, 2010
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  2. chocolate

    chocolate Platinum IL'ite

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    Now, wants to visit to India for a short visit. but wont be able to go for stamping.

    Is it ok if my friend travel now, since passport got valid visa and all the papers are with my friend for both employers.

    I wudnt risk leaving the country in these conditions. How long is your friend working for Company B. Nowadays we shud pray that we get a good Immigration Officer at the Port of Entry. If your friend is working for Company B for a long time, he can risk leaving the country . Its always better to get stamped and come back instead of coming back on earlier company's visa. You never know how the officers respond to it.Good Luck.
     
  3. SreeSri

    SreeSri Gold IL'ite

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    Please note that:
    1) The passport MUST be stamped with the current valid visa, not with the visa which is not currently valid.
    2) Having a stamped valid visa in the passport doesnt guarantee the admission into the USA at the port of entry(arrival gate in US). Its the Immigration officer who inspects entry who makes the final decision at the time of Entry into USA. So, such officer may ask for the latest valid Visa approval notice(I-797) for the current employer, this is a very common requirement for H1 & H4 visa holders. In such situation the stamped visa is clearly invalid and possible rejection of entry on arrival.
    3) I would suggest your friend to plan the trip so that he/she could get the stamping before entering back into USA.
    4) The best short cut, if possible .. is.. to go to either Mexico or Canada and get updated visa stamping and then traveling to India.
    Again, the conditions are not really favorable lately for H1 returns, taking the less risk is highly advised.
    Good luck
     
  4. rsa

    rsa New IL'ite

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    Thanks Chocolate & SreeSri for your fast replies.

    My friend dosen't want to leave with old visa. But still, just wanted to find out:idea. My friend wants to go only for 15 -17 days. He has been working with Employer B for 2 yrs.(first one yr as a contractor and second yr Employer B converted him to full time employee.

    Thanks again for your replies.
     

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