Travel to Home country and coming back to USA with the old employer VISA and i797 after H1B transfer to new employer

[pradeepkumar307]

Hi,

I am working in X company in H1B and have recently transferred my H1B VISA to new employer Y. 

Current H1B VISA, i94 and i797 validity - 30th Aug 2022

New employer after H1B transfer

i797 validity - 30th Aug 2025 (Have not received in hand)

i94 validity - same as previous i.e. 3oth Aug 2023

Query: (Planning to travel to my home country in the month of Nov and comeback in Dec 2022)

1. Can I go to my home country and come back with my old visa and i797 without joining the new employer and join after returning to USA? (New employer will not provide me the i797 till I join them)

2. If I join the new employer, do I need to go for stamping before returning back to USA or I can return with the same VISA and new i797.

 

[Zodiac System]

Ans. 1 - You can go to your home country and come back with your old visa and I797, however the I-94 stamp you will receive at the immigrations on arrival will be until 30th August 2023 (assuming your passport has a validity of one+ years).  (This scenario is not advisable)

Ans 2 - If you join new employer before the India trip, no need to go for stamping again as you have the same H1b status stamp until 30th August 2023.  However show the new I-797 at immigrations, port of entry, on arrival and get a I-94 date with extended date until 30th August 2025.  (Preferred scenario).  

Make sure your passport has minimum one+ years validity.  Good Luck.

[JoeF]

You can enter with the old visa AND the new H1 approval notice.

You need the new approval notice, otherwise you would commit immigration fraud by stating that you are continuing to work for the old employer.

If the new employer doesn't want to give you a copy of the approval notice they seem to be a fraud. Find a better employer.