H1B re-stamping on employer change and petition revoked by previous employer

[Archie126]

I have a valid H1B visa until April 2019 which contains my previous petitioner’s details. I have changed my employer with valid I-797 and I94 until Sep 2021. Can I travel back to US in Dec 2018 on the old visa stamp or do I need to go for re-staming in India ? Also, my previous petition was revoked by my previous employer two months after I left the company. Will the old stamped visa be still valid to enter US and get I-94 updated as per that in new i797 approval notice.

[xTDx]

Until your current H1b visa expires, you can use it to enter USA.

POE should already have your latest i94 issued by USCIS.

You can also  hand over the new i797 to the POE along with your passport to have your new i-94 match with the latest expiry dates of your h1b petition.

[pontevecchio]

Existing Visa plus latest approval is needed to return. You SHOULD be aware that a H1 employer has to revoke the H1 of ex employees. That is the protocol. Maybe you should read up all about the H1 in the DOL site to avoid confusion in future.

[Archie126]

21 hours ago, pontevecchio said:

Existing Visa plus latest approval is needed to return. You SHOULD be aware that a H1 employer has to revoke the H1 of ex employees. That is the protocol. Maybe you should read up all about the H1 in the DOL site to avoid confusion in future.

Thank you for the response. This is what me attorney replied -

We strongly recommend obtaining a new visa stamp, although technically you do not have to. On several occasions we know of , the officer gave the I-94 only to the date of the previous employer’s visa stamp instead of the new H-1B approval notice, and then H-1B extension had to be filed again. Seeing that these days H-1Bs are under very heavy scrutiny, we stress avoiding having to apply for extensions unless absolutely necessary. As such, we recommend just moving forward with obtaining a new stamp.

I don't want to get new stamp if it is not required. But anyone here with similar experience recently ?

 

 

[Archie126]

21 hours ago, xTDx said:

Until your current H1b visa expires, you can use it to enter USA.

POE should already have your latest i94 issued by USCIS.

You can also  hand over the new i797 to the POE along with your passport to have your new i-94 match with the latest expiry dates of your h1b petition.

Thank you! I added another response below.

[pontevecchio]

Make sure you hand over only the latest H1 petition. POLITELY make sure the Officer allows entry till the petition expiry date. If he does not then POLITELY ask for a supervisor and have them make the corrections. This is not yet the Gulag. The trick is absolute politeness in making your request and standing your ground. 

Your lawyer should be making this point to the higher ups in the CBP and not follow the line of least resistance.