Siskind Susser

Green Card LotteryABCs of ImmigrationHiring A LawyerHealth Care Info CenterImmigration SitesFashion, Arts & / Sports Newsletter

Siskind Immigration Bulletin Request Consultation Ask Visalaw Client Login
About the Firm
Our Offices
Our Team
In the News
Practice Areas and Services
Scheduling a Consultation
ABCs of Immigration
Requests For Proposals
Press Room


Immigration Forms
Government Processing Times
State Department Visa Bulletin
Siskind's Immigration Professional
Working in America
Washington Updates
Publications
The Visalaw Blog

MEMBER OF THE
AMERICAN
IMMIGRATION
LAWYERS
ASSOCIATION


LAUNCH CHAT

< back

 

INS, STATE DEPARTMENT COMMENT ON NEED FOR NEW E AND H-1B VISA STAMPS WHEN THERE IS A CHANGE OF EMPLOYER

The Immigration and Naturalization Service and Department of State have traded a series of letters in recent months addressing the issue of whether an H-1B beneficiary who changes H-1B employers must obtain a new H-1B visa in his or her passport. In March 1995, the INS indicated in a meeting with the American Immigration Lawyers Association that "a new NIV [nonimmigrant visa] is not generally needed to reflect a change of petitioner only." In an August 1996 letter from Cornelius D. (Dick) Scully, III, of the Department of State's Office of Legislation, Regulation, and Advisory Assistance of the Visa Office to Yvonne LeFleur of INS states that a visa could not remain valid for a period longer than a petition approval, but also indicated that the revocation of a petition by INS would invalidate a visa. A second H-1B approval would not invalidate the first since there are situations involving "concurrent employment." INS has not yet made a decision in cases of sequential employment. The revocation of a visa by the INS because the beneficiary is no longer performing the services described in the petition, the visa will no longer be valid as of the date of the petition revocation. The INS replied in a letter dated August 29, 1996 that an alien with a valid H-1B visas may use the visa after a change of employers even if the alien had been in H-4 status between jobs. Also, the employer must not have revoked the H-1B petition.

< Back | Next >

Disclaimer: This newsletter is provided as a public service and not intended to establish an attorney client relationship. Any reliance on information contained herein is taken at your own risk.

Siskind Susser Bland
1028 Oakhaven Rd.
Memphis, TN 38119
T. 800-343-4890 or 901-682-6455
F. 901-682-6394
Email: info@visalaw.com

Home | Immigration Bulletin | Green Card Lottery Center | ABCs of Immigration | Hiring A Lawyer
Hot Topics | Health Care Info Center | Immigration Sites | Search



This is an advertisement. Certification as an Immigration Specialist is not currently available in Tennessee. Siskind Susser Bland limits its practice strictly to immigration law, a Federal practice area, and we do not claim expertise in the laws of states other than where our attorneys are licensed. Siskind Susser Bland does not retain clients on the strength of advertising materials alone but only after following our own engagement procedures (e.g. interviews, conflict checks, retainer agreements). The information contained on this site is intended to educate members of the public generally and is not intended to provide solutions to individual problems. Readers are cautioned not to attempt to solve individual problems on the basis of information contained herein and are strongly advised to seek competent legal counsel before relying on information on this site. Siskind Susser Bland and its advertisers are independent of each other and advertisers on this site are not being endorsed by Siskind Susser Bland by virtue of the fact that they appear on this page. Site is maintained by Siskind Susser Bland's Memphis, TN office and overseen by Gregory Siskind. Copyright © 2003-2006 Siskind Susser Bland. All rights reserved.