Travel out of US on H1-B visa stamp from Ex-employer

USA H1B Visa
1

Hi,

I have a H1-B visa stamped from my Ex-employer valid until 30th Sept’13 and I wish to travel out of the country. In sync to the same, I do have an approved I-797 from my new employer dated 15May’12 until 2015.

Can you please advise if I can travel and is legible to arrive back in US with the above documents or do I have to get the new H1-B visa stamped before travelling out of the country.

Look forward to hearing frm you.

Cheerz!

2

IMO, new stamping is not required as long as the previous visa stamp is valid. But another school of thought thinks otherwise. So you can check w/ your attorney and do based on their advice.

3

Dear Friend,
Here is a view from ‘Another school of thought’ that Saurabh mentioned.
It is true that if you visit India now and return without stamping you can do so. In practical terms Airline will allow you to board the flight out of India To USA based on existing visa. In USA yr new I797 will be honoured.And you are back to normal working in USA.
Looks fine. But I shall not do it unless I am hard pressed for time.
What are you gaining by not getting visa stamped now ?
Yr old visa expires in Sept 2013. New I 797 is valid till about May 2015. You are likely visit India between Oct 2013 to May 2015 when you will require visa stamping.But if you get visa stamped now you are carefree till May 2015.
If you are unmarried and are likely to get married, then visa stamping becomes imperative.I have seen case when wife was denied H4 because Husband had changed job in USA. Remember yr H1 visa carries the name of employer on it. Consulate insists that when you change job you must get new visa.
But since you donot come in contact with consulate with old valid visa and new I797 which is honoured at POE in USA you can get away.
One last point based on life’s experience. One never knows when some unforeseen situation arises. Sudden marriage of a close relative or any situation may warrant sudden unplanned trip to India. Having a stamped valid proper visa is always a good insurance . It keeps you ready for any unplanned visit required at short notice

4

Thanks a ton, for your kind reply!
Cheerz!