Regarding I797 B

[vaibkv 0]

Hi,

I have a general query regarding the I797 B form and it would be very helpful if someone could shed some light on it.

If I have an approved and valid I797 B but never got the stamping, can another employer/petitioner make a new petition citing the older I797 B for cap exempt and essentially giving me the opportunity to get stamping done?

I am really looking forward to your response.

Thanks & Best Regards,

Panghal

[HollywoodNorth 22]

If I'm understanding you correctly, you had a H1B visa issued and stamped in your passport. It expired and you received a newer H1B visa renewal with a I797B form with a new expiry date but don't have a stamp in your passport with that new date correct?

And now you wish to change jobs and port that new H1B to the new employer?

They can do that with your most recent and current I797B, they don't need to have a corresponding stamp. There are several cases when an immigrant worker receives a change of visa status via I797. You won't get an updated stamp until the next time you travel. Keep copies of your old I797's to prove to the border agent that you maintained status if there is any gap between stamps. I never had any issues with this.