Came to India for 2 weeks - Got RFE - Can i re-enter US on previous employer's VISA?

[sanaths81]

Hi All,

I joined my new employer based on H1 receipt and i have been working for my new employer for the last 2 months.

Though the transfer was applied under Premium i had got RFE and the response to RFE was delayed.

I had to travel to India for 2 weeks on family emergency. So, i traveled 4 days after the RFE was responded.

Now i'm in India and i have got another RFE. I'm planning to travel to US on 1st Dec.

My VISA from my previous employer is valid till Jan 2014.

I have read on some forums that i can travel as long as i have valid VISA on my passport from ANY employer.

Could you please let me know if it is OK to enter US with the valid VISA of my previous employer.

I have got the joining letter and recent salary slips of my new employer. Please let me know if i need to keep any other documents with me.

[raghvi]

Hi All,

I joined my new employer based on H1 receipt and i have been working for my new employer for the last 2 months.

Though the transfer was applied under Premium i had got RFE and the response to RFE was delayed.

I had to travel to India for 2 weeks on family emergency. So, i traveled 4 days after the RFE was responded.

Now i'm in India and i have got another RFE. I'm planning to travel to US on 1st Dec.

My VISA from my previous employer is valid till Jan 2014.

I have read on some forums that i can travel as long as i have valid VISA on my passport from ANY employer.

Could you please let me know if it is OK to enter US with the valid VISA of my previous employer.

I have got the joining letter and recent salary slips of my new employer. Please let me know if i need to keep any other documents with me.

Don't do that. This is the reason one shouldn't join with only the receipt notice, and one should avoid traveling while a transfer is pending. The earlier Stamped valid visa will allow you only to board the flight and reach US port of entry. But at the port of entry you need to show the approved petition for the employer you are going to work for and a valid employment letter, if asked for. If they get a doubt they may enquire with USCIS and your employer and if your petition is pending they may deport you back too.

This is my opinion not legal advice.

[sanaths81]

Don't do that. This is the reason one shouldn't join with only the receipt notice, and one should avoid traveling while a transfer is pending. The earlier Stamped valid visa will allow you only to board the flight and reach US port of entry. But at the port of entry you need to show the approved petition for the employer you are going to work for and a valid employment letter, if asked for. If they get a doubt they may enquire with USCIS and your employer and if your petition is pending they may deport you back too.

This is my opinion not legal advice.

Thanks for the prompt response. The article in this link states that one can travel while H1 transfer is pending.



the H1B employee is permitted to travel on the previously issued visa, where they can show:
1) they are otherwise admissible to the U.S.;
2) they are in possession of a valid unexpired passport and visa, including a visa endorsed with the name of their previous employer as petitioner;
3) they can show that they have previously been admitted in H1B status; and
4) they are in possession of the Form 1-797 receipt notice showing that a new petition has been timely filed.

[raghvi]

I believe this is valid only if you are still working with the original employer which you are not.

This is my opinion not legal advice.