Stamping needed?

[asdf]

Hi

My current visa expires on October 2017.  I have changed my employer recently.

My new petition is still not approved, due to  the current processing delays. 

Is it OK to travel out of USA, and come back  WITHOUT  visa interview/stamping for the new employer? 

 

TIA

 

[Vips1982]

Based on knowledge that I have gathered so far -

1. You may get question on employer eligibility at POE on your return to US. Your previous petition may have been revoked.

2. If you're able to enter to US, you will still get I-94 till Oct 2017. 

3. There is good chance that your H1B approval with new employer may get approved without I-94.  i.e. you may have to go for stamping later outside of US and get new I-94.

4. If you don't go to India, and once you get your H1B transfer approved, you will get your I-94 also extended. 

I think you should have upgraded to PP for H1B transfer before April 3rd. Now it's suspended as you may know this already.

 

Disclaimer: I am not lawyer - please check with your attorney or advanced members here before you make a decision.

[asdf]

Thank you. 

I am going to get some professional advice, but wanted to get some perspective. This will help me in asking right questions to the lawyer 

[nick999]

You dont need a new stamp until your stamping has expired.

I have traveled on the same scenario. New I797 (New Employer), New Passport, Old H1B Stamp (Valid during my travel).

You can safely go and come back. You need a new H1B stamp only after it is expired.

 

[asdf]

3 hours ago, nick999 said:

You dont need a new stamp until your stamping has expired.

I have traveled on the same scenario. New I797 (New Employer), New Passport, Old H1B Stamp (Valid during my travel).

You can safely go and come back. You need a new H1B stamp only after it is expired.

 

Nick

Thank you for the response. Was your new petition approved when you traveled ?

[nick999]

Yes. It was Approved and had the I-797 in hand with the new employer.