Travel while H1B with current employers expired visa (need to renew visa stamp) but employer B H1b Transfer pending

Hi Anil,
I have a question for you and was hoping that you could help me.
I’m currently with employer A (but visa expired recently), while employer B recently filed H1b transfer for me, pending approval at this moment. Can I still travel internationally and renew my work visa with employer A (who I still working for)and re-enter US with the visa stamp from employer A?

Many thanks!!!

Hi @mol1125

You can get H1B visa stamp with employer A with no issues.

But, if you travel, your H1B transfer may not be approved with a new i94. This means that you will need to go out of US again and get Employer B stamp if its approved with ‘consular processing’.

Thank you for the explanation, Anil! Really appreciate it!

When you say "you will need to go out of US again and get Employer B stamp if it’s approved with ‘consular processing’. Does that mean that I need to go out to activate the visa in order to start working? Or when I come back to the US with visa stamp from employer A, is it ok to start working for employer B pending visa transfer approval?

Scenario 2 is that If the visa transfer of employer B approved by the time I need to travel internationally, so I go to the embassy to renew my visa with employer B approval notice. When I’m back, can I still work for employer A to finish my notice period?

Thank you so much for your help!! It means so much!!

Hi @mol1125

It depends on how your transfer is approved i.e. with ‘extension of status’ or ‘consular processing’. When you exit US while a petition is pending approval, it is only approved as ‘consular processing’ which means that you need to exit US and get H1B visa stamp to activate it.

If transfer is approved before your exit, then it depends on you as to which approval you want to use for visa stamping.
When you are back, you will have to tell which employer you ‘intend’ to work for. Be careful as if you say something other what you ‘intend’, then you entry can be denied by visa officer.

Hi @Roy_S

Your question has been moved on this page as it is similar.

Please read the discussion above and you will get your answers.

Thanks Anil, appreciate it!

@Anil.Gupta Anil, quick follow up question - I understand that I will have to get the Employer B visa stamped again as the new i-94 would not be updated in the system. But the current visa is until March 2022 and the validity of the new approval (employer B) is expected to be until Sept 2022. So does that mean I will have to get in re-stamped before Mar 2022 if i want to leave the country? Or my new (Employer B) visa has to be stamped whenever I leave the country next? Regards.

Sorry @Roy_S

I can’t answer if you delete your old Post. I don’t remember each situation by heart.

Since you have deleted your previous question, I am not able to understand your follow up question.

Here you go - deleted it to hide it from my employer. You never know!

Hi Anil,

Current Scenario: I am working for Employer A on H1b visa for which my visa is still to be physically stamped on my passport. The i797A is approved until 2021. My earlier H1b visa stamp with previous employer has expired in March 2019.
I have received a job offer from Employer B and they will soon start the H1b petition (transfer) application on premium processing (mostly within the next couple of weeks)

Question 1: While staying employed with Employer A and while Employer B files my H1 transfer petition, can I go visit India and get the Employer A visa stamped? And later come back to the states and join Employer B if my visa gets approved?

Question 2: Because a new petition is in process, will this in any way lead to a denial? Either for the employer A visa stamping or Employer B visa transfer petition?

Question 3: If I decide to visit India after getting my Employer B visa approved, can I quit the current job (employer A) and go visit India with the new h1b approval copy, get it stamped on my passport and join Employer B on my return? Would being unemployed for that time period effect my chances?

Also note that the i94 on the bottom of my latest i797 approval page, shows valid until 2021. But online, it shows the expired date - March 2019.

What should I do here? Please suggest.

You can post question as ‘anonymous’. I have changed your ID so that you don’t have to delete it.

Visa stamp stays valid as per the validity printed on its face.

You can use any employer’s H1B visa stamp to enter US as long as you have the H1B i797 approval for the new employer or existing employer.

You would need a new H1B visa stamp in passport only when the current one has expired.

1 Like

Anil, sorry to ask this again but reading through all these comments has confused me a little bit and would really appreciate your advice. I will try asking this question in a simple manner:

  1. With my current active i797, can I go to India and get it stamped on my passport without any hassle while my h1b transfer petition from another employer is in process? Note that I will still be an active employee with Employer A during this visit.

  2. Me being out of the country during this transfer process in any way lead to new employer visa transfer denial or it is not related as it doesn’t fall under change of status.

(Some extra details:
Old employer h1b: expired
Current employer i797 valid until: 2022 - not stamped)

From your above answers I understand that it shouldn’t be a problem, only that new visa i94 date will not be updated and i will have to re-stamp that visa after current i-94 expires. Correct?

Really appreciate your time and patience with this.

Your understanding is correct.

Hi @mol1125,

Can you please share your experience? I am in a similar position where I am still working with my employer (i797 is approved but haven’t stamped the visa yet as I have not traveled internationally since joining them and old visa stamp of previous employer has expired), plan to travel to India soon after my new employer H1 transfer is approved.

I am thinking if I should quit my job after new H1 approval, go to India n get the new employer visa stamped and then come back to the US n join them. Thanks in advance!