Can i travel if I resign

[buntz]

Hi Everyone,
I hold a H1b Visa (Stamping done till 2016 about a week back). I have already visited US twice and stayed for 18 mts.
I am in india now and i want to resign my current employer. My next employer is ready to transfer my visa before i resign.
I just wanted to know if i can travel on the old visa which is stamped in the name of my old employer? Is there a risk involved at the entry port.
Although i will have a new petition i have the old visa stamp. Can i even travel with the old stamping? how can i know my old employer had revoked my visa?

[kabkaba]

You can use the same old Visa but you must have the new approved petition in hand when you travel.

[nicoeppersma]

You can use the same old Visa but you must have the new approved petition in hand when you travel.

Kabkaba is completely correct, but let me be a bit more verbose.

A visa is nothing more or less than an authorization to travel to the U.S. and apply for admission at a Port of Entry (PoE). Having a valid visa in the correct non-immigrant category (in your case: H-1B) is required. In your case, the underlying petition is changing, but that has no effect on the validity of the visa itself.

Once admitted as an H-1B worker, your petition will determine your work authorization. So if your petition is valid for longer than your visa, that just means that you should not travel. But as long as you stay within the U.S. and have a valid I-94, you will be fine. The reverse is true as well: if you have a visa which is valid for 10 years (hypothetical) but your work authorization is valid for only 3 years, you should not work after those three years.

[buntz]

RE: Can i travel if I resign

Kabkaba is completely correct, but let me be a bit more verbose.

A visa is nothing more or less than an authorization to travel to the U.S. and apply for admission at a Port of Entry (PoE). Having a valid visa in the correct non-immigrant category (in your case: H-1B) is required. In your case, the underlying petition is changing, but that has no effect on the validity of the visa itself.

Once admitted as an H-1B worker, your petition will determine your work authorization. So if your petition is valid for longer than your visa, that just means that you should not travel. But as long as you stay within the U.S. and have a valid I-94, you will be fine. The reverse is true as well: if you have a visa which is valid for 10 years (hypothetical) but your work authorization is valid for only 3 years, you should not work after those three years.

Thanks for your reply nicoeppersma & Kabkaba, I just have few more question in this regards, there are instances when the officer at POE picks any one for scrutinizing at that time there are questions asked like what is your company name and what is the client name you will be working on and etc. So if i am picked up in such case and the visa stamped has my current employer name. Should i say the truth that i have resigned and joining another employer?
which petition i must hand over to the officer old or new?. Are there chances I might get deported for this discrepancy ? I am just getting prepared for the worst case scenario.

[kabkaba]

Rule number 1 : Always be truthful to any Immigration official.

There is nothing illegal here. Visa is not linked to any employer. You must however have the approved petition corresponding to the employer which you will be working for. As for client location, you must have LCA certified for that actual location where you will be working.

[kadkhiq81]

Can i travel if I resign

Hi Buntz,

As Kabkaba stated, nothing illegal here.
I do understand you are tensed and confused the way how I was, how ever I did exactly what Kabkaba and others mentioned. Provide ur new approved petition when they ask for at POE and make sure they have correct information based on new petition on ur I 94. You will be alright man and don't worry too much if you have all the documents appropriately.

Have a great flight -

[nicoeppersma]

Thanks for your reply nicoeppersma & Kabkaba, I just have few more question in this regards, there are instances when the officer at POE picks any one for scrutinizing at that time there are questions asked like what is your company name and what is the client name you will be working on and etc. So if i am picked up in such case and the visa stamped has my current employer name. Should i say the truth that i have resigned and joining another employer?
which petition i must hand over to the officer old or new?. Are there chances I might get deported for this discrepancy ? I am just getting prepared for the worst case scenario.

Just make sure you carry a copy of the approved new petition. You could be referred to "secondary inspection", but I would not worry about that if it happens. They will just make sure everything is correct. As long as you have a valid petition and a valid visa, you will be ok.