H-1B stamp and travel - urgent issue!!

[preeti_p]

Hello,

I have some H-1B related question and I will really appreciate your response-

I got my first H-1B through Employer X in 2010 and I got a stamp in my passport in June 2011 and that stamp expires on 15 June 2013. However I was layed off from Company X in Dec 2011 and my H-1B was revoked in Jan 2012. But before that, I was employed by Employer Y but the transfer of H-1B did not happen. I had to change status from H-1B to H4. Then there was a query on the H-1B application submitted by Employer Y and I finally got my new H-1B approved in May, 2012 and I have been working with them since then. This new H-1B is valid from 4/24/2012 - 2/15/2015. I have a new I-797 with attached I-94. Now I plan to travel outside the US, for a two week trip to Europe in May 2013. Do I need to get my passport stamped with my new H-1B or can I travel with the old stamp in my passport (valid until 15 June 2013) and use my current I-797 form with the I-94 card and employment letter to enter back into the US? Will I have any problem entering the country since I changed status from H-1B to H4 and H-1B but do not have a current stamp?

Also last time I went to get my first H-1B stamped, I got a 221g and it took 5 weeks to get my visa. I have always been directly employed as a full-time employee for both the companies. Also if I change employer from Y to Z and my H-1B is transferred before the trip, can I still travel and come back to the US with the old stamp in my passport?

Please advise me on this issue!

I will really appreciate your help and I look forward to hear from you.

Thanks a lot!

[jairichi]

If you are able to return from your Europe trip before June 15th 2013 then you could enter with your existing H1B visa, new I-797 and I-94 document.

[cobra1232]

Yes, until the valid date on the passport stamp, you can use that to travel along with your latest I-797/Employee letter. It's just better to either do the transfer prior/after your trip, not that it causes issues but always better to do the employer transfers outside your travel time.

[0407]

old unexpired H1B stamp and new I-797 is fine

[preeti_p]

Thanks a lot for your replies! I was concerned because I changed status from H-1B to H4 back to H-1B, but with a new employer. And the stamp in my passport is from my 1st employer with the name of the company on it & I'm no longer employed with them. Can you please confirm if its okay to travel in this scenario? My current company's lawyer feels that it would be safer to go for stamping again. Any thoughts on this and if I do go, can I get the stamp in Tijuana, Mexico? I see that we can only get H-1B renewals in Tijuana. Will mine be considered a new visa as I'm getting a new stamp in the same category? Any recent experiences at Tijuana? Please advise! Thanks a lot!!

[pontevecchio]

If you want to second guess a Lawyer at least do it with another Lawyer.