Q: Can I travel internationally if I have I-797 petition approved for new lawyer but I have not joined yet?
I have my I-797 approved from my new employer but I have not resigned from my current employer yet. Can I travel internationally in this scenario given I have unexpired H1-B stamp on my passport? If yes, then which I-797 should be shown while entering back in USA. This is considering I might not join the new employer at all. Thank you.
A:
If you have an I-797 approval for a new employer but haven't yet joined them, you can still travel internationally with your current valid H1-B visa. The unexpired H1-B stamp in your passport allows re-entry into the United States under your current employment.
Upon re-entering the U.S., you should present the I-797 related to your current, active H1-B employment. Since you have not yet commenced employment with the new employer, their I-797 is not applicable for this situation.
It's important to remember that immigration situations can be complex and subject to change based on individual circumstances and current regulations. You may want to consult with an immigration attorney for personalized advice, especially if you're considering not joining your new employer after all. This will help ensure you maintain legal status and understand any implications for your future visa applications or status adjustments.
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