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Employer change and re-entry in US with old visa and new petition

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  • Employer change and re-entry in US with old visa and new petition

    I lost my employment with my previous employer on 6th December and I had to travel to India urgently on 7th Dec 2012. I found another employer, who was working with the same client and I got my H1B transferred to my new employer with a 3 yr extension (I had my 1 140 approved by previous employer). Even though my H1B transfer was filed when I was in India I received I 797A with I-94. I have a visa stamped in my passport from previous employer, which is valid till July 2013.

    1.Can I re-enter US with my visa from old employer and petition from new employer?
    2.Will I face any issues entering with my old visa if my employer has cancelled it (can a visa be cancelled or just the petition)? In case I am unable to enter, will this be a case of deportation or will it create any red flags for entering US in the future?
    3.My spouse does not have H4 extension from my new employer as he was in India too. Can he re-enter on his old visa (its only valid till July 2013)?


    Please advice.

  • #2
    Originally posted by Swati_Naik View Post
    I lost my employment with my previous employer on 6th December and I had to travel to India urgently on 7th Dec 2012. I found another employer, who was working with the same client and I got my H1B transferred to my new employer with a 3 yr extension (I had my 1 140 approved by previous employer). Even though my H1B transfer was filed when I was in India I received I 797A with I-94. I have a visa stamped in my passport from previous employer, which is valid till July 2013.

    1.Can I re-enter US with my visa from old employer and petition from new employer? -- You can
    2.Will I face any issues entering with my old visa if my employer has cancelled it (can a visa be cancelled or just the petition)? In case I am unable to enter, will this be a case of deportation or will it create any red flags for entering US in the future? -- Employer may only revoke the petition and not the Visa
    3.My spouse does not have H4 extension from my new employer as he was in India too. Can he re-enter on his old visa (its only valid till July 2013)? -- Yes


    Please advice.
    See above.
    This is my opinion and not legal advice.

    Comment


    • #3
      Reply

      Originally posted by kabkaba View Post
      See above.
      HI Swati,

      Can you please suggest if you were able to come to USA without new stamping?

      Comment

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