Can I Use My Old Employer’s Visa In Case Of Change in Employer?

Can I Use My Old Employer’s Visa In Case Of Change in Employer?

Per the Foreign Affairs Manual, an H-1B beneficiary with a visa in their passport issued in the name of their old employer can continue to use the old employer’s visa after changing employers. This can be done until the date on the visa expires. One is required to carry a copy of the receipt notice of the new employer’s timely filed petition (if the new employer’s petition is pending) and present it to CBP when entering the country along with a copy of the old employer’s visa and approved petition. If the new employer’s petition has been approved, the approval notice of the new employer’s petition should be presented along with the old employer’s visa.

9 FAM 402.10-11(A) (U) Validity of H-1B When There is a Change of Employer

(CT:VISA-680;   09-24-2018)

a. (U) After changing H-1B employers in accordance with USCIS 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.  When applying for an entry during the period when the new employment petition is pending, the visa holder must present a dated filing receipt or other evidence that a new petition was filed timely in addition to the visa.  When traveling after the new petition has been approved, 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. (U) An H-1B applicant can change employers while in the United States provided the following criteria were met:

(1)  (U) The alien was lawfully admitted to the United States;

(2)  (U) The new employer filed the petition for the alien prior to the expiration of his or her authorized stay; and

(3)  (U) The alien has not been employed in the United States without authorization subsequent to lawful admission but before filing such petition.

c.  (U) After the filing of the new petition, the H1B visa holder is authorized to accept employment with the new employer 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.


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