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Physician FAQ: Do I need a new work visa stamp if I change employers?

Posted by Ann Badmus | Oct 25, 2016 | 0 Comments

FAQ:  I have an H-1B visa stamp that's unexpired.  However, I have changed jobs since the visa stamp and no longer work for the employer shown on my visa stamp.  I plan to travel soon. Do I need to apply for a new visa stamp?

Answer:  No.  Under current Department of Homeland Security (DHS) policy, if you have a valid unexpired  H-1B, L-1, O-1, P-1, and R-1 visa stamp, you can use it to enter the U.S. even if you have changed employers or added a concurrent employer.  In other words, you do not need to get a new visa which indicates your new or concurrent employer.

You must show the I-797 approval notice for the new employer when you enter so you can get the correct expiration date on your new I-94.  Please note that if your passport expires before your visa or petition expiration date, the DHS officer will issue an I-94 that expires the same date as your passport expiration.  Be sure to get your I-94 at soon after you enter the U.S.

If you are a TN applicant,  you may present either an I-797 approval notice issued by USCIS or an employment letter from the new employer, in addition to evidence that you and the position itself qualify for TN status. be admitted through the petition expiration date, even if the visa has been approved for and annotated with Employer A.

About the Author

Ann Badmus

Principal and Managing Attorney


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