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gates2017

Reuse unemployed old employer visa stamp after shifting to a new employer

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Hi,

Here is my situation. I have recently switched to a consulting position from a full-time position and I currently have an unexpired visa stamp in my passport for my H1b with my old full-time employer. I am planning on a trip to India and am hoping I could skip the visa interview and use the H1B visa stamp from my old employer along with my new H1B approval notice at the port of entry.

I would like to get feedback on this:

Has anyone tried this?

Does this always work?

Here is the info from the murthy forum FAQ:

Question 20. If I have a valid H1B visa in my passport and I leave the United States, can I come back and work for a different employer without having to go through the USCIS?Top

No. One must have the new company's H1B petition approved through the USCIS, since each H1B petition is employer specific. This applies to any company for which one might work, whether or not s/he already holds H1B status. However, if the visa has not expired in the passport, but now one has a new H1B petition approved to work for another employer, it is possible, in most cases, to use the old H1B visa and show the new employer’s H1B approval notice to obtain a new I-94 card at the port of entry. The new I-94 card should have an expiration date that matches the expiration date on the new H1B approval notice. If the USCIS officer makes a mistake and only issues an I-94 card valid until the expiration date of the visa, one should request at that time that the officer indicate the correct date. If the officer refuses to correct his/her mistake, then one should ask respectfully to speak with a supervisor. If one later notices an incorrect date on an I-94 card, one should immediately consult with a qualified immigration attorney to discuss what steps could be taken at that time to resolve the situation.

Please share your experience if you have used this option.

Thank you in advance.

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as long as your old visa is valid and you have new employers approved I797, you are good to go!

Personal experience.

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