Travel on Previously employer H1B Stamped VISA

[AMAN_12]

Can we do travel on previously employer H1B stamped Visa?

I have valid H1B VISA  valid till September, 2020. Now i moved to employer B, having valid petition till September, 2021. Planning to go to India in coming months. 

While coming from India, can i use my previously stamped H1B Visa or do i need to go for stamping again with employer B petition?

[pontevecchio]

You can use the existing visa along with your latest H1 petition approval to return.

[JoeF]

You can travel just fine with the existing valid visa and a copy of the new H1 approval notice.

[care_candidate]

At point of entry, officer nowadays ask for proof that you are working for the employer stamped in visa. I have been asked for I-797 for past 3-4 times.

[pontevecchio]

That is not required in law and the fact that existing visas can be used is in their guidance/rule book. Language and semantics are very funny. All they did was ask you for the relevant H1 petition. 

[care_candidate]

I know but for some reason POE officers think that carrying I-797 makes me employee of that employer. They think that when an employee changes employer, previous employer takes away their I-797, which is false.

I still have I-797 from past 3 employers 🙂

Based on my experience, I made habit of carrying active I-797 at the time of entry into US. 

The reason we (at least I) don't want to correct that officer is that during few seconds of interview, officer holds authority to take any action against candidate and we certainly don't want to jeopardize our genuine case. 

[pontevecchio]

Due Process still exists in the kaliyug. If there is an issue, politely ask for a supervisor and take it up with him. 

 

https://www.murthy.com/2016/11/10/validity-of-h1b-visa-stamp-following-a-change-of-employer/