Can I re-enter US with previous employer's visa stamp, company B's I797 and H1 amendment notice (not approved)?

Question

Can I re-enter US with previous employer's visa stamp, company B's I797 and H1 amendment notice (not approved)?

Anonymous May 5, 2015 2 views 3 answers

I have visa stamped in my passport till SEP 2016 with employer A. I joined employer B (H1B petition was approved for client X, but had to work for client Y with new certified LCA) on July 2014 (by exiting US, went to nearest island and re-entered US with visa stamp from A & B's approval notice). Now, due to the new amendment rule effective from APRIL 9, company B is filing for H1 amendment for client Y. But I have to travel to my home county (India) due to some emergency. Basically, when I'll travel that time my H1 amendment would be in progress (not approved). So, can I come back US with H1 amendment receipt(not approved) and company A's visa stamp in my passport. Or shall i wait till H1 amendment gets approved, go for visa stamping (company B) and come back to US.Please suggest.

Tripti Sharma · Accepted Answer · 2026-06-15T14:30:21+00:00

Tripti Sharma

Tripti Sharma · Jun 15, 2026

Will it be possible to address this question to the company's attorney and let the professional guide you?

0 upvotes

Meenu Sharma · Accepted Answer · 2026-06-15T14:30:21+00:00

Please contact your company lawyer before you leave. If you have receipt for amendment and previous approval, employment letter, 3 pay stubs, you should be able to travel back from India explaining emergency if asked at the airport.

Hany Brollesy · Accepted Answer · 2026-06-15T14:30:21+00:00

The safest course of action would be to wait for the amendment petition to be approved, though it is not required. If you have a valid, unexpired H-1B visa in your passport for another employer, you can use that visa for re-entry, if you have the proper documentation.

Can I re-enter US with previous employer's visa stamp, company B's I797 and H1 amendment notice (not approved)?

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