Can I travel on un-expired H1-B stamp of revoked I-129 petition?

Hello,

Few months back I was working with employer ABC and I have valid H1-B visa stamp (till June 2019) on my old passport which is expired passport (don’t worry, I renewed my passport now). In October I joined employer XYZ and their visa transfer is in the process. I have my travel plans to my home country on February 1st 2018 for a month, then I consulted with XYZ employer’s immigration attorneys, they told me that I am good travel as I still have valid visa stamp on my passport and pending receipt with new employer. So, I was relaxed about it and looking forward to my trip.

But my previous employer ABC, filed revocation on December 20th.

On this scenario I have few questions below.

  1. If USCIS revokes my visa from previous employer, would visa stamp on my old passport still be valid to make re-entry in the USA while traveling?

  2. How much time it really takes for revocation of I-129 petition on average?

Thanks in advance!! Please help by replying!!

  1. Yes, you may. But, with the original visa transfer approved (i-797) notice of the new employer only. Without the new I-797 you may not be allowed to enter USA.

  2. Revocations takes about a year or so, to be processed.

Thank you Ramanan. So for the clarification, so you are saying my visa stamp with revoked petition does not get invalidated? Is my understanding correct?

Important Update:

  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.

Hi Manish,

So i have my transfer with new employer in progress.But my original stamped visa still valid till sep of this year.Will everything will be fine in POE if i say about working with old employer and client??.