H1B > B2 (H4 Pending) > H1B: Can I Re-Enter with old Valid stamp + New I797A?

[NehaAgg]

I am trying to get back to work on H1B for a new employer while I am in USA (on B2) waiting for my H4 approval. Will I need to get a new H1B Visa stamp in India even though my H1B Visa is valid until next year? Or will it be sufficient to re-enter on existing H1B valid stamp + new I797 approval?

Summary: H1B -> B2 -> (pending H4) -> H1B new employer

Question: Can I avoid travel for new Visa stamping by either CoS or by re-entering (3rd country which is not travel banned) on existing stamp+new I797A?

Details:

• Latest H1B stamp on passport is valid till Apr 2022 (next year)
• Left work in USA on H1B in Jan 2020 (last year) and traveled to India for job but returned in July on B2 Visitor Visa due to pandemic as family was in USA.
  • Since US consulates were closed during pandemic, it was not possible to get H4 Visa stamp.
• Filed for change of status to H4 (dependent on spouse H1) in Nov 2020 which is still pending for approval
  • Processing time is 16 mths, so no hope of this getting approved anytime soon.
• Got a Job offer with new company which is filing for H1B transfer.
• Summary: H1B -> B2 -> (pending H4) -> H1B new employer

Edited June 18, 2021 by NehaAgg

[LeaveMessageH1B]

On 6/18/2021 at 3:54 PM, NehaAgg said:

Can I avoid travel for new Visa stamping by either CoS or by re-entering (3rd country which is not travel banned) on existing stamp+new I797A?

-It is not up to you. You need to ask your employer's attorney how is your petition is filed ?

-If your transfer application is for new employer filed as CoS -> you may not need to travel outside US, else Yes.

-Previous stamp/date validity does not matter (if it's for different employer) since you filed H4 and H1b application back to back, clarify your intention to USCIS in writing if you do not wish to pursue H4 and save yourself from future issues. 

[NehaAgg]

On 6/21/2021 at 9:22 AM, Leavemessageh1b said:

-Previous stamp/date validity does not matter (if it's for different employer) since you filed H4 and H1b application back to back,

Is that right? If H4 is pending, leaving US cancels the application and has no implication on existing H1B Visa (or any previous Visa) since new H4 was not adjudicated.

https://www.murthy.com/2019/21/02/validity-of-h1b-visa-stamp-following-a-change-of-employer/

This says: "An H1B visa stamp in one’s passport generally remains valid through the expiration date listed on the document. Although the stamp includes the name of the employer, it is not employer-specific and the stamp may be used for any H1B travel during its period of validity. However, the H1B worker will need to affirmatively present his/her original I-797 approval notice from the new employer at the port of entry when s/he reenters the United States."

It is not clear whether a new Visa stamp is necessary if H1B transfer is approved for consular notification.