Portland, OR asked in Immigration Law for Washington

Q: Employer change do I have to get my Visa stamped again?

I'm on an H1B visa and I have my previous employer's name on my Visa stamping. I changed employer a year ago and I have a new i-797 with the new employer name. My Wife is on H4 Visa and she also has my old employer's name on the Visa stamping. We are traveling to India. Should go for a new stamping again?

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1 Lawyer Answer
James L. Arrasmith
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  • Immigration Law Lawyer
  • Sacramento, CA

A: If your current H1B visa stamp, as well as your wife's H4 visa stamp, are still valid, you generally do not need to get a new stamp just because you changed employers. The visa stamp primarily serves as an entry document. When you return to the U.S., you should present your new I-797 approval notice for the current employer at the port of entry. This will determine the validity period of your stay. Your wife, on her H4 status, should similarly present her H4 documentation related to your new H1B. However, while it's not mandatory to get a new stamp after an employer change, having the most recent documentation can sometimes make the re-entry process smoother. Before traveling, it's wise to consult with an immigration attorney to ensure all your documents are in order and to be prepared for any questions upon re-entry. Safe travels.

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