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Immigration Issues/Urgent Query : Kindly help


I had to terminate my employment end of 2011 and move back to India immediately. Now I want to return to US with new I797B approved by the same employer. I have a H1B stamp for the same employer valid till next year. Do I need a H1B re-stamping in US embassy?
Does it matter if the petition number present on H1B visa is different from new I797B approval notice.

Thanks in advance for the reply.

Technically, once you terminated your employment the H1B was also terminated (Employer may or may not have informed USCIS of the termination), so you would need new stamping because - it is a new petition and the petition numbers are different.

You may try with the stamp (only if the employer did not inform USCIS of termination or withdrew the H1B) but then you may not have supporting documents for that, and I am sure you would not like to take any chances.

Best wishes,  

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Questions regarding Immigration to United States, including Removal/Deportation Proceedings, Asylum; Green Card through Family (Fiance/ee Visa, Spouse, Children, Parents, Siblings); Green Card through Employment (Labor Certification - PERM, Extra Ordinary Ability - EB1, Religious/Entrepreneur - EB4/EB5); Non-Immigrant Visas - H1B, L1, F & M, J1, J1 waiver, Humanitarian relief (Cancellation of Removal, Prosecutorial Discretion, TPS, Dream Act); Hardship Waiver (I-601/212) etc., are welcome.


Dealing with clients seeking immigration help since year 2001. Main area of practice is Immigration Law.

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LL.M - Benjamin N. Cardozo School of Law, NY. LL.B - Campus Law Center, University of Delhi, New Delhi.

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