H1B Stamping: Travel to India after Visa transfer to new employer

[Ankit Srivastava]

Hi , I am on H1B work visa and working for Employer A. I have extension I1797 till Sept 2021 but Visa stamped on my passport is expired on Dec 2018.

I am currently undergoing my Visa transfer to new Employer B.

I am planing to travel to India immediately after my Visa transfer is done to Employer B but before joining Employer B.
(While i am still serving notice period with Employer A)

Please confirm if i can travel to India and undergo Visa stamping through Employer A (I797) without any issues because i have not joined Employer B yet?

Thanks

[pontevecchio]

Under the circumstances described, you will need to get a visa based on B. Why do you think it is easier to get a visa based on A and not on B?

[Vetri]

I am in a very similar situation. See my question here: 

 

If you go ahead with this, >>i can travel to India and undergo Visa stamping through Employer A (I797) without any issues because i have not joined Employer B yet << as per my lawyer:

Quote

You can technically join Employer B after coming back. But since your I-94 would have changed, its risky and can be later held against you.

Another alternative is, to go once again out of the country and re-enter with Employer-B's I797 (No need to get a new visa stamping)

Note: This was conveyed to me by my immigration attorney and I am just sharing that information here without verifying the validity of this. Don't take this as a legal advice. Please do your own research or consult with an immigration lawyer.