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H1B Change of employer / Travel to INDIA before approval

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From Aug 31,2015, I have accepted full time position with XX company. below are some info


  • my new XX company filed for H1B change of employer in August 2015
  • after I got the I797 receipt notice(not approval notice), my old employer revoked my H1B. But my new employer assured it doesn't matter if my old employer revokes old H1B as we got new I797 receipt notice.
  • my previous valid visa from old employer expiring in Nov LAST WEEK 


Now due to family emergency I have traveled to INDIA in November 1st week and returning in 1 week. But before travelling my new employer attorney, has said I can travel safely as long as my new H1B is still in under process(it should not be approved while traveling, I took a risk considering current H1B processing times).



can you guys know anything about this, will I run into any trouble? Please let me know if I need to carry any other documents.



I did my research, based on guidelines it says at PORT of ENTRY, they will consider my OLD I94 dates to issue new I-94.

  • my concern is  how this works if my previous H1B petition is revoked, does it mean it revokes my previous I797 too or I797 is not related to H1B peition.

Please suggest I'm travelling back in 3 days.




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You cannot travel back without new employer's I797 & supporting documents. You cannot use previous employer's H1B petition as it is revoked & you are no longer working for them. If you do you will be denied entry & deported. Ask new employer to find a good attorney.

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You can NOT travel to the US.

You have to wait for the H1 approval, and only then can you travel.

If you try to use the old H1, it would be immigration fraud!

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