Traveling on old employer's H1 stamping and new I797


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I have a H1 stamping on my passport with my old employer that is valid until May 2012. I changed my job 4 months ago and have an approved I797 valid until Jan 2013 with my new Employer. I need to travel to India next month. My questions are

1. Do I need to get a new stamping for the new employer's H1?

2. When I leave the country, should I give my old I94, or new I 94 ( from new I 797) or both I 94s.

3. When I enter the country, should I show old valid stamping and/or new I 797 and carry my new employment documents (pay stubs, employment verification letters etc.)? How do I ensure that my new I94 is valid based on my new I797 validity

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Thanks for your answers. Really appreciate your time and help.

Wanted to ask you - Am I exposing myself to secondary inspection at POE when I show the old stamp and new approval notice and ask/request for I-94 be stamped as per the expiry date on new approval? Is it better to get the stamping done prior to return (given we have time in hand to prepare for stamping related paperwork)?

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I travelled twice to india on old employer's stamp and new employer's approval. During my last visit, the visa stamp was just valid for a week(though new approval was valid till 2013). Still no secondary inspection or anything. the officer just took down details from new petition. Just make sure the I94 is valid till expiry date of new petition. This is the key.

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  • 2 months later...

Thanks. Is it okay to tell at POE that we are already working for the new employer (for last 7 months!!)?

Hi Guys,

I am in the same situation as you were. I have a valid visa stamping until April 2012 with my previous Employer. I am working for a Consulting company now. I have a valid new I-797 form with me. My new H1B is valid until May 2012.

Can you guys confirm that you didn't have any problem at Port of Entry in US? Please let me know.

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