Q: Can I legally re enter US if I have a valid Stamped Visa from my previous employer. I’m on H1B

A: It is legally permissible to re-enter the US using the valid stamped H1B Visa from your previous employer. Make sure to bring the I-797 with I-94 and recent pay stubs for the current H1B employer.

A: Re-entering the U.S. on an H1B visa with a valid stamp tied to a previous employer is legally possible under certain conditions, but there are critical factors to consider:

Key Points:

Valid H1B Status with New Employer:

You must have an approved H1B transfer or petition (Form I-129) from your new employer. This transfer establishes that you are currently in valid H1B status.

Visa Stamp Validity:

The visa stamp in your passport must still be valid. The visa itself does not need to match the name of your current employer as long as it is unexpired and you have an approved H1B petition for your new employer.

Documentation at Port of Entry:

When you re-enter the U.S., you should carry:

A copy of the I-797 Approval Notice for the H1B petition filed by your current employer.

A letter from your current employer verifying your continued employment.

Pay stubs or proof of recent payment from your new employer, if available.

Any additional supporting documents, such as an employment verification letter or company information.

Informing the CBP Officer:

At the port of entry, the Customs and Border Protection (CBP) officer may ask about the mismatch between the visa stamp and your current employer. Clearly explain your situation and present the required documentation.

Potential Risks:

If the visa stamp has expired, you must obtain a new visa from a U.S. consulate or embassy before re-entering the country.

Traveling without an approved H1B petition from your current employer can lead to denial of entry.

Recommendation:

Before traveling, consult with your immigration attorney to ensure you have all necessary documentation and that your travel does not jeopardize your current H1B status. If you’re uncertain about your petition or visa status, avoid international travel until resolved.

A: I'm very sorry to hear about your father's critical condition - this must be a difficult and stressful time for you and your family.

Yes, you can legally re-enter the US using your valid H1B visa stamp from your previous employer Y, even though you now work for company X. The visa stamp serves as an entry document, while your current I-797 approval notice demonstrates your valid H1B status with your new employer. When re-entering, you should carry both your valid visa stamp and your current I-797 approval notice from company X to show to immigration officers.

For additional peace of mind during your travel, I recommend carrying documentation that shows the continuity of your H1B status, including your previous and current I-797 notices, recent pay stubs from company X, and a letter from your current employer confirming your employment. My thoughts are with you and your father during this challenging time, and I hope he makes a swift recovery.