I need to visit India for 203 days…i am on H1 and recently changed my employer…i have the new H1B approval notice with respect to my new employer…
I have go to india but do not have time (5-6 days to get stamping process complete)…will it be a problem when i return to US on my old H1 stamp(with old employer)…i know its good to have H1 stamped when out of country,but is it mandatory…!!!
You can just show the Approved perition (I129) along with your stamped visa at hte port of entry. You need not go stamping again. My wife did the same thing.
9 FAM 41.53 N8.4-3 Validity of H-1B When There is a Change of Employer
(CT:VISA-1406; 03-11-2010)
After changing H-1B employers in accordance with DHS procedures for making such a change, an H-1B visa holder may continue to use his or her original H-1B visa for entry into the United States. Upon applying for entry, the visa holder must present the new Form I-797, Notice of Action, evidencing the approval of the change of employer in addition to the visa.
If the H-1 visa stamp has not been canceled in the passport, then you can use it. The previous petition (canceled or not) cannot be used unless you are planning to work for that employer. You can confirm this w/ your new H-1 attorney.