DO I HAVE TO GO FOR H-1B VISA STAMPING AFTER I CHANGE EMPLOYERS?

Max Troy
TRAVEL DURING OPT, CAP GAP & BEFORE A CHANGE OF STATUS TO H-1B HAS BEEN GRANTEDDO NOT TRAVEL IF YOU CAN AVOID IT It should be noted that OPT and CAP GAP are products of regulations issued by the executive rather than statutes from Congress, and therefore can be changed by the administration without a new act being passed by Congress. Additionally, current practices related to travel while on OPT and CAP GAP are based on memos and guidance provided by USCIS/ICE websites which can be changed instantaneously. Therefore, as a general rule, it may be advisable that travel is avoided or minimized due to the current rapidly changing nature of U.S. immigration policy, often without notice. Note that in all cases, if a student’s F-1 visa has expired and the student wishes to travel, a new F-1 visa must be obtained before re-entering. Please also note that even if an F-1 student meets all of the requirements listed below, a U.S. Customs and Border Protection (CBP) officer always makes the final determination on whether to admit an application for admission after inspection at a port-of-entry.

As 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.

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