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I am a citizen of India. I got my H1-B approval from company A and got my visa stamped in 2013. However, I changed my employer to Company B before I moved to US in Oct 2014 but never got the visa stamping done as per new i-797 issued by company B, marked to US consulate in South Africa, where I was working when the I-797 was issued. Now I am working in US and have to go back for fresh stamping according to my new I-797 as per the Immigration officer at the port of entry. Question: Can i get my visa interview scheduled in India even if my I-797 is marked to US consulate in South Africa?
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As you are a citizen of India, you should be able to have your visa interview scheduled in India even if your I-797 was marked to the US Consulate in South Africa. I note that as opposed to the advice that you received from the immigration officer at the port of entry, it is generally recognized that an individual can use a prior company's H-1B visa to enter the US as long as he or she bears the original I-797 approval form from the second company. Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.
Answered on Sep 19th, 2015 at 7:54 AM