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Can I travel to India on old employer H1B stamp | New in RFE

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  • Can I travel to India on old employer H1B stamp | New in RFE

    [B]Can I travel to India and come back on old employers H1B stamping.

    a) I came on stamped H1B of Company1 valid from 10/2013 to 10/2016.

    b) I changed from Company1 to Company2 last year. Company2 filed H1B transfer and it is approved.

    c) Company2 put me to a new location after my hire.

    d) Company2 filed a new amendment petition, in premium, last month for the new location. It went to RFE.

    I need to travel to India for 1 week next week. Can I ravel to India and come back? Will the officer at port of entry allow me?

  • #2
    You can use your old company's H1B visa stamped in your passport and your new company's approval notice to travel back. But since your H1B amendment is under RFE, it is kind of risky. You can show the receipt notice of the H1B amendment and the actual approval notice of your new employer at the POE. It is hard to predict how the officer at the POE will take your case since the amendment is currently under RFE.
    Not a legal advice. Use of this information is strictly at your own risk.


    • #3
      I just travelled and came back. As said above it depends on the officer at port of entry.