Travel with previous H1B visa stamp

[VishnuK]

Hello,

I have a valid H1B stamp until Feb 2014 (through a cap-exempt company NON PROFIT). Recently, I changed my status to F1 because I lost my job. I applied for H1B (cap subjected PROFIT) again this April. If my new cap subjected H1B gets approved, my start date will be October 1 onwards. I'm planning to travel to India in December. Can I use my old H1b stamp (valid until Feb 2014) to reenter US with my newly approved H1b notice. or Do i need to get a new visa stamp with recently approved H1B?

Thank you!

[Attorney_11]

The previous valid H1B visa can be used for travel in December, assuming that it is not voided by unlawful stay in the United States, if the cap subject H1B status is approved commencing October 1.