Can I use my valid H1B and new approved I 797 to enter the US?

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Can I use my valid H1B and new approved I 797 to enter the US?

I am currently working for employer A on valid H1 B visa, I am planning to move to employer B (premium VISA transfer has started already). I currently have valid H1B visa (valid for another 2 years) from employer A in my passport. Can I use my existing VISA and new I 797 (approved for employer B) petition when entering USA (POE)? Or do I need to go my VISA stamped again for new employer? Do I need the hard copy of approved I 797 document or the approved receipt number is enough in port of entry. I heard that it will take at least 4 weeks to get hard copy of I 797 via mail.

Asked on May 17, 2012 under Immigration Law, Washington

Answers:

Harun Kazmi / Kazmi and Sakata Attorneys at Law

Answered 8 years ago | Contributor

Hello. You may do exactly what you are proposing.  You will need the new original I-797 approval and some paychecks to substantiate that you are currently working with the new company B.

Gene Meltser, Esq. / BIRG & MELTSER

Answered 8 years ago | Contributor

No, you will need a new visa stamped in your passport. I suggest you contact a US consulate in the country you are visiting ahead of time and arrange for an appointment to re-stamp (re-issue) a visa. Take ALL original docs with you - petiton and approval


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