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In most immigration forums (including immihelp), the message seems to be clear that H1B stamping and H1B status are independent, and we can re-enter US after an H1B transfer with the old employer's visa stamp and new employer's I-797. However, ustraveldocs seems to think differently, which makes me think if I should book a stamping appointment when I go to India this december:
Q.13 I have a valid H1B visa which contains my previous petitioner’s details. I have changed my employer with valid I-797 and am back in India for a short trip. Can I travel back to US on the same visa or do I need to apply for a new visa?Can a person on a dependent visa work in the US?
In general, if you have a new petition with a different employer, you need to apply for a new visa. In certain situations (such as corporate restructuring), it may be possible to travel back with your current I-797 and visa. Further information can be found through the U.S. Customs and Border Protection Info Center.
Have the rules changed recently and immihelp is not upto date as a result or has the rule always been in place, but somehow not strictly enforced? Some clarity would be greatly appreciated!!!
Q.13 I have a valid H1B visa which contains my previous petitioner’s details. I have changed my employer with valid I-797 and am back in India for a short trip. Can I travel back to US on the same visa or do I need to apply for a new visa?Can a person on a dependent visa work in the US?
In general, if you have a new petition with a different employer, you need to apply for a new visa. In certain situations (such as corporate restructuring), it may be possible to travel back with your current I-797 and visa. Further information can be found through the U.S. Customs and Border Protection Info Center.
Have the rules changed recently and immihelp is not upto date as a result or has the rule always been in place, but somehow not strictly enforced? Some clarity would be greatly appreciated!!!
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