New York, NY asked in Immigration Law for New York

Q: Travel internationally with unexpired H1-B stamp and new I-797

I have an unexpired H1-B visa stamp until 2025. I plan to change my job in January and obtain new I-797. Can I travel internationally in March 2024 with the unexpired visa stamp from my old employer and new approved I-797 petition with the new employer?

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1 Lawyer Answer
James L. Arrasmith
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Answered

A: Yes, you can generally travel internationally with an unexpired H1-B visa stamp and a new I-797 from a different employer. The H1-B visa stamp in your passport remains valid until its expiration date, regardless of your employer change. When you return to the U.S., you should present your unexpired H1-B visa along with the new I-797 Approval Notice from your new employer at the port of entry.

It's important to carry documentation from your new employer, such as a letter of employment, to verify your new H1-B sponsorship. This documentation, combined with your valid visa stamp and new I-797, should facilitate re-entry into the U.S. under H1-B status.

Remember, immigration policies can change, and individual circumstances may vary. Therefore, it's advisable to consult with an immigration attorney or your new employer's legal team for personalized advice before your travel. They can provide the most current information and ensure that you have all the necessary paperwork for your journey and re-entry into the United States.

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