Can I travel during my H1B transfer?

USA H1B Visa
1

Hi all,

I have a valid visa stamp (valid until Sep 2023) and an I-797 approval notice from my current employer. My last date of employment with my current employer is April 1, 2023 as a result of a mass layoff.

Meanwhile, I have received an offer from a new employer that will likely initiate their H1B petition sometime in March. I plan to remain with my current employer until my last day and don’t intend to start my new role until after April 1.

I would like to visit India for a few weeks between now and April 1, the last day of employment with my current employer. I will still by employed by my current employer when I return. What documents will I need when I enter? Can I enter just using my valid visa stamp and existing I-797 approval notice? Or, will I require the I-797 approval notice from my new employer and any other documents such as offer letter to enter?

Also, any advice on best practices in this situation would be helpful.

Thanks in advance.

2

You must carry your current I-797 however if your new I-797 is approved before you enter the US, also keep that and present with current so that the CBP can issue I-94 inline with the new I-797. Also carry last three pay stubs from your current employer and offer letter from the new employer. If the officer ask about employment, tell them the fact that you will be resuming your current job and will be joining the new employer on 1st April.