H1 Change of employer

[Pepsimax25]

I changed employer, so I received a new H1.

I still have to stamp the new visa to my passport. But my question is, if I travel abroad can I come back with my visa from my old employer or I have to stamp the new one?

I guess the old one is still valid. I am not going to my country, so I don't want to stamp the new visa in this trip (I have just 2 days!!)

Thanks for any input.

[Pepsimax25]

I changed employer, so I received a new H1.

I still have to stamp the new visa to my passport. But my question is, if I travel abroad can I come back with my visa from my old employer or I have to stamp the new one?

I guess the old one is still valid. I am not going to my country, so I don't want to stamp the new visa in this trip (I have just 2 days!!)

Thanks for any input.

[NYCImmParalegal]

Actually, the old H-1B is technically no longer valid if you are no longer employed by that petitioning company. Therefore, you should reenter with the new H-1B visa stamp. Otherwise, you would be out of status.

[Cedar Scented]

Pepsimax, unless there has been a change in the law in the last year, you can use the old (but still valid) H-1B visa as long as you have the new approval notice with you.

[NYCImmParalegal]

I disagree with Cedar Scented... nowadays, they will give you a very hard time if you are no longer working with the original H employer and you are trying to come in on the old H with the new H approval notice.... You would avoid the problems by getting your visa stamped.

[Jay2004]

I used to be an H1B holder myself. No, you can't re-enter the States using the old H1. You have to get a new H1 stamped on your passport. You can also have it stamped at the State Department by sending your passport (plus documents for new H1) to them.

[Cedar Scented]

I have done it myself.

[AlecT]

I am on a H1B. I originally had H1B for 3 years to my employer - I then switched after 1 year to another employer. The transfer was approved. I called INS and asked them what to do about travel. They said the visa is still valid and I just bring the NOA of approval of transfer with me and show it.

I did just that and it was fine.

In fact the State Dept web site explicitly says that you should not send in your passport for revalidation of visa until 6 months before its expiry - they will not process it.

When I later renewed the visa (close to when it was expiring) by sending it into State Dept the new visa they attached was for the new employer.

So I believe Cedar Scented is right - I don't know of any change in the law.

[NYCImmParalegal]

Again, we have had many clients who tried to enter using an old (but still valid H-1B) visa with a new approval notice and were not allowed in (or sent to deferred inspection in a few cases). Thus, the attorney I work for was told by USCIS officials that the preferred way to avoid any issues is to get the new H visa stamped in the passport, whether through the DOS in Missouri or through consular processing. While the DOS does have time limitations on visa stamps (i.e., no more than 6 months before expiration), consular processing of NIV visas does not. In fact, if you're eligible you may even go to Canada (where it's relatively fast in certain places like Ottawa). We are advising our clients to plan travel so that they can either (a) afford to not travel for 8 to 12 weeks while their new visa stamps are processing through the DOS in St. Louis or (b) can go to Canada/other country to obtain visa stamp from U.S. consulate (which may take a few weeks). If your trip will be so brief (2 days), you may try going using your old visa and new approval notice. However, be prepared for the "unexpected" to happen. As soon as you can, try to get the new stamp.

[playa_from_himalaya]

NYC..,
Since my visa stamp is expired for more than a year and now have a new H1 with a new company.Are thier any chances of getting my visa denied in Canada or Mexico? If so, am I allowed to come back to US?
I will appreciate your help as you seem Bailiwick.

[Pepsimax25]

I've just talked with my lawyer and he told me that Cedar Scented is correct. I don't have to change my visa stamp till 60 days before the expiration of the old one.