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

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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?


  • 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 by NehaAgg
More clarity to avoid confusion
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