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发帖数: 144 | 1 一直都以为换工作后再回国的话 必须要用新的I797申请新的H1b visa才能入境。
今天和律师说我想在等待H1b transfer期间回国，然后让他们把H1b approve noteic
寄给我，
我再去大使馆签证，他说不用去大使馆呀，你原来的签证就可以啊。在海关给他们看新
I797就可以了。
简直是save my life！
Travel Using a Visa Issued for Work with a Previous H1B Employer
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. | g******e
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