H1B stamping done for next 3 yrs .. question on travel


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A friend of mine just got his us visa stamping done and he is still in India. Today heĀ mentioned that there are lot of new management changes at his company and there could possible layoffs. He asked me if he can travel to USA in case if he got laid off even though his h1b visa stamp is valid for next 3 yrs. I was not sure what say so asking here. Please share your thoughts.

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A stamped H1 visa lets you be considered cap counted from the point of view of a new employer filing a non cap H1 petition. He cannot enter the USA on the H1 visa unless coming over to join a H1 sponsor with an approved H1 petition. Your friend may like to consult a lawyer and with confirmation start looking for other H1 sponsors.

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I will let him know there might be issues at port of entry even if he wanted to come to US and do job search or find potential H1 sponsor. So it better to find an employer while he is india and have his visa transferred over and then enter with valid/new H1 petition.


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