Travel on Previous Employer Valid H1B Stamp

[swiss_rolex]

I got my H1B transferred to Company B in Sep 2011.

My visa stamp from my previous employer is valid till August 2013.

The new I-797 is valid till Sep 2014.

My questions are:

1) Can I travel to India in September this year and come back on the old employer Visa stamp and the new I-797

2) After the old Stamp expires on 8/2013, can I continue to work only on the Valid I-797 till the H1B renewal. (assuming I don't travel outside the US until the renewal).

Appreciate any inputs.

[hmaster]

At POE they look at your visa and ask if you are working for the same employer, you will have to explain why it's not the same company written on your visa.

[ankurg09]

I traveled in 2009 with stamping of my old employer. It was not an issue. At POE was asked why did i change my employer. you should be good.

[swiss_rolex]

So at the POE, when I show the new I797, will the officer issue the I-94 with the newest I-797 expiry date?

Also, once the Old Stamp expires in Aug 2013 can I continue working only on the valid I -797.

[sk265]

swiss_rolex...i just travelled a couple of days ago with your exact situation. VFS said it it " recommended" to get new visa since i changed my employment. But since i just had a week in india, and this was an emergency travel, i decided to travel anyways.

At the port of entry had no problem at all. They asked me if i changed jobs, when did i change, what is the new job title.....that was all. I had all papers - with me , a current employment letter from my employer.

i posted this because a couple of weeks ago i was the one searching for answers to this particular topic. Hope this helps.

You should be good.

[swiss_rolex]

Thanks for your input guys.

@sk265 : At the POE, did you get the I-94 expiry date based on the new I-797?

[sk265]

Swiss_rolex... they stamped the latest 797 date on my passport. In my case that is 2 months shorter than my visa validity. ..i think they will stamp the new 797 date.

for the 2nd question- You can legally work in the US with a valid I 797 ...you dont need a visa stamp to stay here and work ....you will need a visa stamp if you plan to travel and return to the US .

[SameerH1Bworker]

Thanks for your input guys.

@sk265 : At the POE, did you get the I-94 expiry date based on the new I-797?

Yes, you will get I-94 expiry based on new I-797 or Passport expiry date, whichever is early. I'd same experience. do not worry you can come back on valid visa stamp of old employer & new I-797. At POE just present both I-797 before immigration officer issues you I-94.

And if immigration officer issues you I-94 according to old I-797 then ask them right away. First check expiry date on I-94 & then leave the counter. In my case IO issued I-94 with old I-797 & then I asked him "I've one question, my latest I-797 expiry is xx & I-94 expiry is before this date, just wondering whats the reason" then IO checked both I-797 & I-94 and said "Its my mistake, let me correct it and then gave me new I-94.

[swiss_rolex]

answers all my questions. Thanks guys.

[kailash_d_rathi]

swiss_rolex...i just travelled a couple of days ago with your exact situation. VFS said it it " recommended" to get new visa since i changed my employment. But since i just had a week in india, and this was an emergency travel, i decided to travel anyways.

At the port of entry had no problem at all. They asked me if i changed jobs, when did i change, what is the new job title.....that was all. I had all papers - with me , a current employment letter from my employer.

i posted this because a couple of weeks ago i was the one searching for answers to this particular topic. Hope this helps.

You should be good.

I have same question but the only part is my old employer revoked my H1-B and I have approval (I-797) from New employer. I have stamp valid until 2014. Do I need to re appear for stamping?

[yonkerny]

Yes, you will get I-94 expiry based on new I-797 or Passport expiry date, whichever is early. I'd same experience. do not worry you can come back on valid visa stamp of old employer & new I-797. At POE just present both I-797 before immigration officer issues you I-94.

And if immigration officer issues you I-94 according to old I-797 then ask them right away. First check expiry date on I-94 & then leave the counter. In my case IO issued I-94 with old I-797 & then I asked him "I've one question, my latest I-797 expiry is xx & I-94 expiry is before this date, just wondering whats the reason" then IO checked both I-797 & I-94 and said "Its my mistake, let me correct it and then gave me new I-94.

Hello, I am in the similiar situation, my visa expires Sept 2012 and I have a new I-797 with the same company valid until Oct 2013.. I am travelling in July, 2012 and be back in Aug 2012. Should I get a new visa or will I get a new I-94 at the POE with valid date till Oct, 2013. kindly advice

Thanks

[boxno420]

I have same question but the only part is my old employer revoked my H1-B and I have approval (I-797) from New employer. I have stamp valid until 2014. Do I need to re appear for stamping?

 

Hi Kailash_d_rathi,

 

So what happened then? Were you able to travel back into the US on the previous employers visa stamp and new I797A (without I94 card on the approval document) ?

[boxno420]

I have same question but the only part is my old employer revoked my H1-B and I have approval (I-797) from New employer. I have stamp valid until 2014. Do I need to re appear for stamping?

 

 

Hi Kailash

 

so what happened? Were you able to travel back into the UNited States with the previous employers H1B stamp and the new employers I797A document ? I'm assuming that you had not begun employment with you new employer before re-entering into the united states?

 

If you did not begin with the new employer before re-entering the united states did get  a new employers visa stamped? If not then did they ask you anything at the port of entry? Also, did your new employers I797A have an I-94 attached to it or you received one at the port of entry?