H-1B re-entry to US on change of employer with valid stamped visa on previous employer


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HI All,

I was working for a consultancy M contracting to X and working for end client C. That is M -> X -> C. Now, I have transferred to X as a full time working for the same client C (same project too), kind of an internal transfer. I have a stamped visa with Petitioner M until Q1 2024. My I-797 with X is valid till Q4 2024. Now, since I have already have a stamped visa, can i travel and re-enter US, without a stamping for my new petitioner X?

When I checked the M's I-797 status now in USCIS case status it is showing as "Correspondence received. USCIS is reviewing it". Does this mean my previous employer M has started revoking my H-1B? If this is the case should I have to get my visa stamping for Petitioner X for re-entry to US? Please advise.

I am travelling next week, since this is an unexpected travel due to personal reason, I did not book for drop box. 

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You can travel with the valid visa and the new H1 approval notice.

The previous employer is required by law to inform USCIS that you no longer work there. That will result in revocation of the old H1 petition, NOT the visa. You can still enter with the visa and the new H1 approval notice.

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The H1B visa stamp in your passport is not employer specific. An individual can continue to use an unexpired H1B visa stamp to enter on H1B status even after a change of employer petition. If the previous employer withdraws the previous H1B petition, an individual can still use the H1B visa stamp in their passport. An individual should present the approval notice for the Change of Employer petition to the CBP officer. It is important to check the I-94 immediately after entry in order to make sure that the validity period matches the validity period of the I-797. If they do not match, it would be a good idea to schedule a consult with an attorney to discuss your case specifically. However, the CBP officer has the discretion to issue a 10 day grace period past the I-797 expiration date.

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