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Travel back on h1b Visa after employment termination

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  • Travel back on h1b Visa after employment termination

    Hi All, Can you please help me on this?

    Initial 797 approved petition until Oct 2020.
    Passport submitted for visa stamping : Feb 2020
    In between I have approved 797 until Jan 2023 in consular processing
    Approved visa : Nov 2020.

    In between my employer terminated by my employment on October 2020 and now he is not willing to take me back into my position.

    Termination of employment: Oct 2020
    last pay slip generated : oct 10 2020
    Total experience on h1b in US : 5 years 8 months

    1)Can i travel back with current employer visa stamp and get 60 days grace period to find new job in USA?
    2) if answer "No" to question 1, can i travel with new employer receipt notice with out approve or need to wait to travel back until approved petition.

  • #2
    Hi Member,

    1)Can i travel back with current employer visa stamp and get 60 days grace period to find new job in USA?
    Answer: No. You can not travel to the USA with the help of previous Employer job offer as it is not available now.. In order to travel to the USA, you will need to file another H1B petition, get approved then travel to the USA with the help of previously approved visa stamping with new Employer Job offer.
    2) if answer "No" to question 1, can i travel with new employer receipt notice with out approve or need to wait to travel back until approved petition.
    Answer: As I mentioned in above, you will need H1B transfer petition approval for travelling to the USA.

    Thanks

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