Important H-1B Update: The filing period for applicants selected in the FY2023 lottery begins April 1.
Litwin & Smith has a long history of success guiding businesses through the filing process. Please contact us today for a free 10-minute H-1B consultation.

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Important H-1B Update: The filing period for applicants selected in the FY2023 lottery begins April 1. Litwin & Smith has a long history of success guiding businesses through the filing process. Please contact us today for a free 10-minute consultation.

H1b change of employer approved but extension of stay denied

Question: H1b change of employer approved. But Extension of stay denied. Have valid H1B visa from previous employer on passport. May I depart the US and return using my existing visa or do I need to go for stamping?

Answer: When traveling after the new petition has been approved, the visa holder must present the new Form I-797, Notice of Action, evidencing the approval of the change of employer in addition to the visa. 9 FAM 402.10-11(A). Otherwise, it depends upon the basis of the extension denial.

Comment to your answer: Thank you Mr Don, It was very helpful. I did the border crossing and got my I 94 extended. Thank you very much.

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