I have a query related to h1b stamping. My husband is currently working with Employer A in India and his visa got successfully transferred to Employer B and last week his visa got stamped. However, his current employer A ,also filed one petition which got approved today.
–Now if he wants to get stamping for employer A, can he do that?
–Also, if his visa gets stamped through employer A, will it overwrite stamping of Emp B?
–while trying for visa stamping through employer A, if he gets 221g , so will his existing stamped visa still be valid and not cancelled ? and will he be eligible to travel with existing stamped visa?
–Lastly, in case Employer A visa stamping doesn’t go through , so will it impact Employer B stamped visa anyway or it will be still valid ?
There is no need to get a new visa stamp for Employer A. You are allowed to use valid H1B stamp to enter USA for any employer.
If you go for a new visa stamp for Employer A anyway, it can be denied or the existing Employer B stamp may be cancelled.
My suggestion is to not take chances.
Thanks for the information.
Actually, employer A would verify visa stamp while raising travel request. So he might need to appear for fresh stamping.
My concern is, do you feel that the visa officer would stamp again for employer A and cancel out previous employer stamp?
If they do, we should be good, since he wants to travel from employer A.
Have you come across such cases, where they deny to stamp since there’s already a valid stamp?
I have found few articles in this website related to “cancellation without prejudice”, do you think this case falls under the same category?
The US embassy will not deny to give a new visa stamp just because you have a valid old Employer stamp.
They will process the new visa stamp but the result will be based on new employer’s paperwork.
Thanks Anil. I will keep you posted on the status.
His visa stamping went under Admin Processing where they have asked relevant documents (like client letter, project itinerary etc) from both the employers A and B. Can he still travel to US as he has valid stamp in Passport from Employer B while current stamping from Employer A is under Admin Processing ?
Has US embassy returned the passport?
Yes they have returned the passport and not cancelled existing visa.
Then, you can return to US but make sure that visa has not been cancelled by contacting US embassy.
In some cases, they cancel it from back end even though nothing is marked on visa to show it is cancelled.
Thanks anil. So for contacting US embassy we need to email them or if we call ustraveldoc customer care they can let us know.
You can write to both but the visa validity can only be told by US embassy.
Also, why is officer asking document from both Employer A and Employer B where this stamping is for Employer A ? I am unable to understand what his thought process his to get documents from both employers. If we fail to provide documents from Employer B as he is not travelling with them now, will there be any impact on this stamping? He has all required documents from Employer A. Need your experienced suggestion on this.
What questions were asked by visa officer in the interview?
He received 221g in dropbox as he was eligible for the dropbox. He is yet to attend interview.
Officer has ticked 3 pointers. Documents asked from both employers are -
- Copy of contract between petitioner and client company
- Client Letter
- Detailed description of project with marketing analysis of final product.
I think visa officer is trying to find if the end job is same or different for both employer A and B.
As per USCIS rule, only one employer can file H1B for one end job. They have suspicion that both employer A and B have filed the H1B for same end client job.
Hi anil - My husband’s visa interview happened last week. Even though in 221g they requested both employers doc but they din’t check those. But they asked the reason for re-stamping. And finally they have approved the visa.
Today he received his passport. Now we can see his passport has both the stamps and embassy din’t cancel the previous one. Now we are not sure whether they have cancelled the previous visa or not, because in the passport nothing is mentioned. Can he travel with this passport with two valid stamps? Will it cause any issue at the time of port of entry?
Please let us know if we should go ahead with this passport having 2 stamps or should we reach out to consulate and get previous one cancelled. Is there any issue at port of entry if there are 2 stamps in passport under same visa category?
You can travel with 2 visa stamps. It is not an issue.
Just show the one that you want to use at USA port of entry. Also, do explicitly mention to immigration officer that you want to use the specific visa to enter US.
You are fine. Don’t worry.
Not all US embassies cancel the old visa. It varies by each embassy’s own rules.
Thanks anil. We weren’t sure earlier if he could travel with two valid visa stamps.
So before we got your reply he has sent an email to embassy just to check old visa has been cancelled or not.
Now they are asking to submit the passport with that email.
Now if he submits it will delay his travel and not sure how many days they could take to return back the visa after cancelling. Also not sure if they will put it on admin processing. So in this situation, should he go ahead and submit the passport since they replied to his email or he can just travel and at the port of entry he can explain ?