Travel to US on a withdrawn Visa

Hi,

I have a H1B Visa stamped on my passport due to expire on September 18, 2021.

However, upon termination from my previous employer, they sent correspondence to USCIS to revoke the H1B Visa on April 23rd 2021. The revocation is still pending under review.

My new employer has filed a H1B Change of Employer petition, and I will be receiving approval (I797) any day.

Can I enter the US / travel to the US from Mexico (or any other country not having a travel ban under Presidential Proclamation) based on the previous employer’s H1B Visa and the new employer’s I797?

Please let me know my options.

Yes you can enter the US using your valid visa (no matter who the employer was at the time of stamping) and new employer I-797.

My concern is the previous visa being revoked. Should it deem invalid, I don’t want to get stuck in a bad situation with the CBP. I haven’t been able to find relevant information when the visa in question is being revoked. Could you point me to any source for such information?

I think you are mixing up two things here, H1B petition and Visa are two separate things. Visa is a travel document required to enter the US. When you leave an employer, the employer is bound by law to inform USCIS about the change in your H1B employment condition. In this process the employer will request USCIS to revoke the H1B petition that they filed for you as you no more work for them.

I am sure they can’t revoke your ‘Visa’ as such.

To look the the status of your H1B petition, use the below link and enter the I797 approval receipt number on the notice of your H1B from your ex-employer.

https://egov.uscis.gov/casestatus/mycasestatus.do

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