Travel Using a Visa Issued for Work with a Previous H1B Employer

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Many people erroneously believe that when they change H1B employers, they must obtain a new visa before they travel and return to the U.S. This is not necessarily true. If the H1B nonimmigrant has an H1B visa that has not yet expired, even if issued for employment with another petitioner, that visa may be used until it expires. An H1B nonimmigrant must have a valid passport, a valid H1B petition approval notice (I-797), and a valid visa in order to enter the United States from abroad. If the applicant was previously issued an H1B visa, and the visa has not yet expired, it may still be used as a valid travel document in connection with the new H1B petition approval notice.

The State Department has explained this in their Foreign Affairs Manual:

9 FAM 41.53 N8.3-3 Validity of H-1B When There is a Change of Employer

(CT:VISA-1041; 09-26-2008)

a. After changing H-1B employers in accordance with DHS procedures for making such a change, an H-1B visa holder may continue to use his or her original H-1B visa for entry into the United States. Upon applying for entry, the visa holder must present the new Form I-797, Notice of Action, evidencing the approval of the change of employer in addition to the visa.

b. An H-1B applicant can change employers without penalty while in the United States provided the following criteria were met:

(1) The alien was lawfully admitted to the United States;

(2) The new employer filed the petition for the alien prior to the expiration of his or her authorized stay;

(3) The alien had not worked without authorization prior to the filing of the new petition; and

(4) Has not been employed in the United States without authorization subsequent to lawful admission but before filing such petition.

c. After the filing of the new petition the H-1B is authorized to accept employment until the petition is adjudicated. If the new petition is denied, employment must cease. If the alien's prior visa and petition have expired, the alien is not eligible to receive a new visa until the pending petition has been approved.