H1 Visa from previous emp valid but new I-797

[mclain_100]

Hello,

- I am traveling to India in Dec 2008.
- I have H1b visa with expiration date of Sep 2009 from my previous employer.
- I work for a different employer now and have new I-797.

The Immihelp FAQ says that I do not need new visa since the visa from my previous employer is still valid and I have a new I-797.

Is there and OFFICIAL source that shows this information ( ie .gov site or embassy site).

Thank you,
P Bopana.

[txh1b]

This has been tried and tested for many years. You can dig into the CBP field manuals or INA sections of the law and other memos if you need the "official" source

[mclain_100]

txh1b, thank you for your reply. What sort of documents could I be asked for at the port of entry? Will the new and old I-797 and paystubs and some kind of "proof of employment" letter from HR department suffice?

[txh1b]

Yes, that is all you need. The old I797 is irrelevant. Just carry it but do not produce it. Just give your current employment info. For all of my travel trips so far, I have had nothing asked by CBP other than I797 and passport.

[zorokool]

Thanks thx1b and Mclain, i have the same question im also travelling out of the US and im working for a company B now (Have an approved I-797 during travel), i m not planing to restamp my passport as my visa from my previous company (company A)is valid till sept 2009. Is it safe to travel, is there a risk if the old company has applied for revoke of H1??

[txh1b]

A revoke of H1b revokes the ability of that employer to employ and rids them of their liability to pay the H1b employee. In other words just the petition is revoked. It has got nothing to do with the visa if you have another valid I797.

[zorokool]

Thanks for the information. Iwas so confused about all this and had called my prev employer with whom im in good terms, but he also says the same thing that he will revoke H1 and once it is done i cant travel back as my original stamp will have his company name along with the EAC #

[txh1b]

he will revoke H1 and once it is done i cant travel back as my original stamp will have his company name along with the EAC #

He obviously doesn't know what he is talking about. Talk to a lawyer if you wish.

When did the employers start getting all powerful to cancel visas? Do you think it makes sense?

[zorokool]

Yeh i dont know what they meant when they said that..i thought that the visa stamp had something to do with revoke, but thanks for the information, that does help me lots. I know this is legal and valid method of travelling now.

[mclain_100]

txh1b and all,

As txh1b points out its in the Foriegn affairs manual:

This is what it says:

9 FAM 41.53 N8.3-3 Validity of H-1B When There is a
Change of Employer
(CT:VISA-1041; 09-26-2008)
a. After changing H-1B employers in accordance with DHS procedures for
making such a change, an H-1B visa holder may continue to use his or
her original H-1B visa for entry into the United States. Upon applying for
entry, the visa holder must present the new Form I-797, Notice of Action,
evidencing the approval of the change of employer in addition to the visa.

Thanks,
P Bopana.

[immihelp]

Read second half of https://www.immihelp.com/disclaimer/