Q: Will I face re-entry issues with H1-B visa stamped through old employer and new I-797?
I plan to visit India for three weeks and will return by April 17th. I currently hold an H1-B visa, which is stamped until May 15th, through my previous employer. I am now employed by a new company and have an I-797 valid until 2027. Will I encounter any issues when re-entering the USA under these circumstances?
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A:
You should not face any significant issues when re-entering the U.S. with your existing valid H1-B visa stamp and the new employer's approved I-797. Your H1-B visa stamp remains valid until May 15th, and you are allowed to use it to re-enter the country, even though it bears the name of your previous employer.
Make sure to carry your new I-797 approval notice and proof of current employment, such as a recent employment verification letter or pay stubs. These documents will help confirm your current employment status with immigration officers upon arrival. It's also advisable to bring along a copy of your original H1-B petition filed by your new employer, just to ensure you have comprehensive documentation.
Upon entry, explain your current employment clearly and calmly if questioned by the customs officer. These situations are common, and officers typically understand such scenarios. As long as you have all your documents organized, you can expect the process to be smooth without encountering re-entry complications.
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