Travel to USA on H1B with a different employer

[rama_5543]

I got stuck in India due to the COVID flight disruptions but do have a STAMPED H1B until Dec 2021.

I think I'm close to being laid off with my current employer.

My question is can I find a new H1B sponsoring employer (have aproved I-140 with current employer) and travel to USA in 2020

As per the proclamation it exempts persons with stamped Visa on Jun 22 and I had an unexpired valid VISA on that date? Would it matter if there is a gap (of few months) between me loosing my job and finding a new employer?

[JoeF]

A new employer can file an H1 petition, and if it is approved you can travel with your existing valid visa and a copy of the new approval notice.

[rama_5543]

Just now, JoeF said:

A new employer can file an H1 petition, and if it is approved you can travel with your existing valid visa and a copy of the new approval notice.

Thanks!

Would there be an issue at the CBP if there is a gap time of a few months between me being laid off and finding a new employer? I mean does that render the stamped VISA not valid or make me non exempt under the proclamamtion? I know we cannot know for sure how CBP is going to interpret the situation but just asking opinions from experienced individuals or experts at law..

[gopalakrishnach]

can I find a new H1B sponsoring employer (have aproved I-140 with current employer) and travel to USA in 2020 --- YES you can. Get H1B approved. No need of new visa stamping. You can come back to USA with old existing valid visa and carry copy of new H1B approval.

[User099]

14 hours ago, rama_5543 said:

Thanks!

Would there be an issue at the CBP if there is a gap time of a few months between me being laid off and finding a new employer? I mean does that render the stamped VISA not valid or make me non exempt under the proclamamtion? I know we cannot know for sure how CBP is going to interpret the situation but just asking opinions from experienced individuals or experts at law..

You can use the Visa stamp to travel as long as its valid. Gap doesn't matter.

[poojB]

Problem arise only in one condition....

If you get laidoff and employer revokes your H1b and you you do not have new new approved visa.

[JoeF]

On 7/17/2020 at 7:11 PM, poojB said:

Problem arise only in one condition....

If you get laidoff and employer revokes your H1b and you you do not have new new approved visa.

That's not true. An H1 revocation means the H1 petition is revoked, not the visa. The visa stays valid.

A person can always travel with an old valid visa and a copy of the new app to ed H1 petition