Can I use my old employer's valid H1B visa to enter the USA after having stayed outside the USA for a year?

Asked about 1 year ago - Boston, MA

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.

Attorney answers (4)

  1. Robert Winford Carpenter

    Contributor Level 13

    2

    Lawyers agree

    Answered . Why?

    This is not legal advice until I am retained and have reviewed all facts about your situation.
  2. Giacomo Jacques Behar

    Pro

    Contributor Level 20

    3

    Lawyers agree

    Answered . 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.

    Behar Intl. Counsel 619.234.5962 Kindly be advised that the answer above is only general in nature cannot be... more
  3. F. J. Capriotti III

    Contributor Level 20

    2

    Lawyers agree

    Answered . 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.

    PROFESSOR OF IMMIGRATION LAW for over 10 years -- franco@capriotti.com -- www.capriotti.com -- This blog posting... more
  4. Anu Gupta

    Pro

    Contributor Level 19

    2

    Lawyers agree

    Answered . 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.

    Business Immigration Attorney. For H, L, J, EB5s, PERM and EB1/2/3 Petitions. Call 800-688-7892 or visit www.... more

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 

Ask now

29,031 answers this week

3,169 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

29,031 answers this week

3,169 attorneys answering