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0 votes
Hi Saurabh,

I travelled to India last week in an emergency and I am in India now, I have changed my employer a few months back and I am working for him although my transfer is still in process, my new employer responded to an RFE and it is pending for approval.

However, I have my H1B Visa stamped with my old employer and it is  valid till 2018, so now can I travel back to US with my old employer Visa and with the receipt notice of my new employer ( as my new I797 is not approved yet and the transfer is still in process)? I am planning to travel in march last week so please suggest me. Also, my previous employer has already revoked his petition against which I have the valid Visa.

Please guide me in right direction.

Thanks for your help

Regards,

Bobby
asked in H1B Visa by (190 points)
Hi Saurabh,

I am planning to travel this week. Can you please reply to my question if you have some time? Thanks again

Regards
Bobby
Hi, Can you please confirm if everything went smooth with your travel?

1 Answer

0 votes
You currently don't have any active petition, correct? The previous one has been revoked and the new one is still pending.

My suggestion would be to wait for new petition's approval and then travel to US. You can use old visa stamp to enter (remember to explicitly tell PoE officer about the new approved petition or they would consider old revoked petition by default).

Is your transfer petition filed under PP?
answered by (286k points)
Yes you can Travel on your receipt notice and a valid H1B Visa stamp.
What if my previous petition which I have visa stamp on my passport is being revoked or already revoked? Can I still use that visa stamp to re-enter?
Reference question: https://redbus2us.com/qa/52018/can-i-travel-on-un-expired-h1-b-stamp-of-revoked-i-129-petition
1. With given above situation, I explained this to CBP officer and took his opinion. (I met CBO officer in I-94 correction office in near by Intl. airport)
2. He suggested, I can still travel on my previous employer's stamped visa. In port of entry counter, they have very limited access to the USCIS records. So even if we tell them you are still work for old employer, they cannot verify there. (They can verify if you act suspicious).
3. I followed his suggestion and travelled. At the port of entry CBP officer asked me the question, which employer I work for and what I do for them. I told them my previous employer's name and duties. I entered into the US with no problem.
Bobb, I have an questions like my previous employer stamping I have until sep 3 2018, new employer i797 has valid until Oct 31 2018, I am planning to travel Mar 17 2018 and returning back on April 7th is it fine for my travel.
Hi Geetika/Bobb,

Can you tell whether in Port of entry do i need to tell i am working with previous employer and client or Do i need to tell abt new employer with whom still petition is in process?.



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