India Visit with previous employer visa and current H1B


I got H1B stamping in Nov-2010 for employer A and it is valid till Aug-2013. I came to USA on Mar-2011 using the employer A H1 stamping & Visa.

In Dec-2011, I moved to an employer B and got my new H1B I-797 and I-90 which is valid till Dec-2014. Current model is Employer – Vendor – Client.

I have a situation and need to visit India in Dec-2012.

My attorney and employer said that I could use my existing H1B stamping which I got from employer A which is valid till Aug-2013. And while returning show the new H1B paper and get the I-90 according to new H1B petition.

With your best experience please advice whether is it ok to go to India and return using previous employer visa stamping and new employer I-797 or is there any risk involved in it now a days.

Please advice what other pre cautions i need to take. Thank you.

Visa is a travel doc, so you can travel on it as long as it is valid. Your employer is correct, you don’t need a stamping right now because your visa is valid and you are eligible to travel to and from from US till Aug-2013.