H1B transfered from India: will their be rejection at port of entry ?


I have Valid H1B visa till Aug. 22, 2016 from employer A . I have worked in Chicago for 1 year (2014) after coming back to India I have changed my employer to B now my new employer is from san jose (CA) my start date with new employer ( san Jose) is June 29th 2015.

My Question is, Is it mandatory to going for H1b stamping in India as I have changed my employer? Or is it fine with get my stamping done before my current visa expires?

Few ppl told me that as long I have valid petition from my new employer that should be fine there won’t be any issues at port of entry. I am really worried about this as my earlier port of entry was in Chicago a nd now it will be san Jose.

Appreciate your reply.


Hi Usha,

I am in same dilemma, but after going through couple of links and blogs I found that its fine to enter with old stamp on passport and new I-797.

Please let me know your status once you travel or ur thoughts.


Appreciate you quick reply. that’s what i heard from my immigration team with the new firm as long as we have new petition I-797 it’s fine to travel with old stamping on passport ( as it’s still valid thru 2016)

If you are at a direct employer (ie no EV, EVC etc) you really should not worry about the stamping. I’d go ahead and get it done so its just over with.

You can come in with the old stamp. Make sure to show you new 797 so the CBP officer uses the right I-94

Thank you for your reply!!!