Situation often arises when a H1b beneficiary enters USA using the H1b visa of Company A and later transfers the H1b to Company B. H-1b vias obtained through Company A’s H1b remains valid and the H1b beneficiary has to travel. In this situation many H1b beneficiaries get concerned if they can travel using the H1b visa of Company A. Rest assured that you can always re-enter USA with H1b visa of the Company A, as far as the H1b visa is valid at the time of re-entry to USA. So at the Port of Entry you have to present to the CBP officer the valid H1b visa from Company A and most recent H1b approval from Company B. It is crucial to present both these documents together, since often times, H1b beneficiaries don’t bother to produce the most recent H1b approval and CBP ends up issuing an I-94 which has end date matching the H1b visa in passport and this end date matches with the H1b approval of Company A. H1b beneficiary after arrival to USA does not bother many times to print the I-94 from CBP website and only at the time of H1b extension they find that the I-94 has already expired and H1b beneficiary is out of status. Employers are also required to inform the H1b beneficiary prior to travel that on arrival they have to submit the new I-94 so that the I-9 records are updated. But this is seldom practiced by most employers. Only option in this scenario is to file a Nunc pro Tunc petition to get a backdated approval. Nunc pro Tunc in latin means “Now for Then”. So to conclude you can use the H1b visa of prior employer but make sure that the end date in I-94 after re-entry matches with the new H1b approval.
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