I stopped working in the USA a year ago and have been residing abroad since then. My old H1B visa is still valid. Now I have in my possession a new I-797 approval notice from a new employer. In the past I have entered the USA using an old employer's valid visa while working for a new employer. But this time I stopped working and have been abroad for a year. Can I still use my old valid H1B visa to enter the USA in this situation? Many thanks.
Tricky. That would be "pushing the envelope"too far.. Talk to the immigration lawyer often you employer before you attempt to return to the US.
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3 lawyers agree
It would be best to:
1. Talk to the new employer's immigration lawyer (not a non-attorney in HR), and
2. Get a new visa stamp.
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You are allowed to, as long as you have an unexpired H1 visa stamped on your passport, the new approval notice (original) and a letter from the new employer confirming employment.
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