Can I travel to India when employer transfer is done but did not join new employer yet

My scenario is;

  1. My H1-B visa is stamped till April 2020. So I still have 2 years of valid visa.

  2. I am current in USA actively working for Employer A.

  3. I have a received an offer from Employer B. H1 transfer is in process.

  4. I would need to visit India for 2 to 3 weeks for personal reasons before joining B.

Assume, before I travel to India I have petition approved for Employer B, and I have resigned employer A and also served notice period.

So, before joining Employer B, can i travel to India, get stamped for Employer B and come back?

In this scenario will there be any harm in having that gap in employment for 2 to 3 weeks?

Anyway, you would be in India (out of USA) 2-3 weeks, the gap does not matter. If your current H1B visa on your passport is still valid, you may use it until its expiry. No need of stamping again, just because you changed employer. Just have the Employer B approved petition with you whil entry to show immigration officials.

Thank you.

The question of stamping popped up because, on my stamped visa I see Employer A`s name mentioned.

Would that make a difference when verified at port of entry?

Because Employer name on stamped Visa is different than the approved petition I display to them

No, it would not cause issues. But you MUST have the Employer B original approved notice with you in hand.

I have done that multiple times, personally. If you are not comfortable, you may still submit passport in drop-box and may get it stamped to new employer B. But why even go through that unnecessarily, when you have a valid visa in your passport that you can use still ? Check with your employer B immigration lawyer, they will explain it better.

Thank you so much for giving such a relief. :slight_smile:

Btw, how would the dependants process works out in this case?

My dependants (wife & kid) wil be travelling couple of months later.
My wife also has stamping same as mine for now. For kid we need to get it done

Thanks for the responses.

Hi thunturuhani…I am having similar situation.i will be filling up ds160 with new employer 797 but joining date is when I return back to USA and will resign with current employer before stamping process.
Can you share your experience…how did it go thru…thanks for your inputs

If employer B petition gets approved before you visit india then are you going to join with employer B right? If your transfer is pending (Joined on receipt) with employer B then it is risky until transfer complete and approved.

Hi Thunthuruhani,

My case is exactly the same as yours but I already have my transfer to new employer approved. My joining with new employer is in March. Can I resign with my job with current employer by the end of January and take a break in Feb, then come back and join new employer? Can you please share what happened in your case.