Layoff while outside US

I current work at a startup in US and I’m suspecting the company will be shut down in a few weeks. I have an emergency travel to India. H-1B stamping in my passport has already expired. I have authorization from current employer (soon to be shut down) till end of next year. Let’s say if I get my visa stamped in my passport and then my company shuts down, will I have problems entering the US again? Please note, I’m talking about a timeline where when I receive my passport stamped with the visa from latest I-797, my company will still be functioning. After that if the company goes under and I try to enter the US, will I be stopped at the border? Please help!

Unless you have an offer from another employer, you shouldn’t be traveling to the US on H1B.

Same as above, doesn’t matter if your company is functional at the time of stamping. It has to be functional for your H1B to be considered active at the time you enter the US. Entering the US on H1B with no active H1B employment will violate the H1B laws.

In your situation, you will need to find another H1B employer from India and once petition is approved you can travel with the same H1B visa that was approved as visa is not really tied to any employer.