Do You Need a New H-1B Visa Stamp When Changing Jobs or Transferring to a New Employer?

Introduction

The H-1B visa is a work-based visa for individuals with specialized knowledge or skills in the U.S. Sometimes employees may switch to a new job or transfer to another employer while still holding an H-1B visa. In such cases, several questions often arise regarding the need for a new visa stamp. This article aims to provide clarity on when and if you need a new visa stamp during these transitions.

When Do You Need a New Visa Stamp?

Exit and Return to the U.S.
If you are exiting and returning to the United States, you typically need a new visa stamp. This is because the U.S. Customs and Border Protection (CBP) will require this stamp to verify your most recent employer and approval status. The previous stamp may not suffice for re-entry after a long absence from the U.S.

Stay in the U.S. Without Changing Employers
If you are staying in the U.S. and merely changing jobs or transferring to a new employer, you generally do not need a new visa stamp. The key is whether you are leaving the country. If you do not, you can continue using your existing visa without needing to get a new stamp, provided your I-797 approval notice is current.

How to Manage the Transition

Without Leaving the U.S.
If you do not plan to leave the U.S., you simply need to ensure that your H-1B visa transfer is complete. Once the petition is filed, you can start working for the new employer. You should keep copies of your passport, H-1B visa, and I-797 approval notice as evidence of your current status.

Entering from Canada or Mexico
If you need to enter the U.S. from Canada or Mexico for less than 30 days, you can still use your old stamp with the most recent I-797 notice. However, if you stay longer or travel to other countries, a new stamp will be required.

Final Notes

Authorization from USCIS
To change employers or transfer to a new H-1B visa, you need authorization from USCIS. This process involves filing a request and obtaining a new approval notice (I-797).

New Visa Required
If you need a new visa to start working for a new employer, the visa sponsorship process involves filing an H-1B transfer petition. Once the petition is approved, you can apply for your H-1B visa at a U.S. consulate or embassy.

Entering with an Old Stamp
You can enter the U.S. with a valid stamp from your previous employer. However, if the stamp expires, you will need to be stamped by a CBP officer upon your next entry.

Conclusion
In summary, whether you need a new H-1B visa stamp when changing jobs or transferring to a new employer depends on whether you are leaving and returning to the U.S. For stays within the U.S. without changing employers, a new stamp is generally not required. However, always keep your I-797 notice and other documents handy to prove your current status.

Disclaimer: This information is provided for general guidance. For specific legal advice, please consult an immigration attorney.