H1B Re-Stamping and Employer Change - Future Start date, Travel out

Hello Everyone,

I am currently working for employer A on H1B cap exempt visa. Recently, I accepted a job offer from employer B with a start date of 1st March, 2020. My current job will be active until February, 2020. Based on my previous I-129 from employer A, I got my visa stamped last year which is valid through May 2020.

I am planning to go to India in December as I have 5 weeks of vacation time accrued. During my December trip, since I have more than 1 month in hand, I am thinking of renewing my H1B visa based on the new I-129 from employer B. However, I have couple of concerns related to this,

  1. If I schedule an interview date in December for H1B re-stamping with I-129 from employer B which starts from March 1st 2020, will my stamped visa also start from March 1st, 2020?

  2. In that case, will I be able to enter US in January for my employer A job based on my old stamped visa and I-129 (employer A)? Since, I will be still employed with employer A until February.

Any help is greatly appreciated.

Thanks a ton in advance.

You would technically be eligible for Dropbox stamping…So, if you get stamping done using the new petitioner, the new stamp on passport will have those details…It can be slightly confusing as you would enter and go with Employer A, but quite possible to come back for A… To avoid confusing yourself, you can avoid going for stamping as you have no need for stamping now… You can go for dropbox next time you travel out…Talk to attorney at Employer B and then take a decision on the stamping. Do update here on your decision after you check with your attorney.