Can I use previous employers (valid) H1B visa and new approved I797 to re-enter US

[calmguy]

Hi,

I am currently working for employer A on valid H1 B visa, I am planning to move to employer B (premium VISA transfer has started already).

Now, I need be go to India for some family emergency, I am planning to go only after I get my I797 is approved but I am not sure if its good to quit employer A immediately after I get I797 approved or after I come back from my vacation...I mainly need some clarification on the below list of things,

1. I currently have valid H1B visa (valid till 2014) from employer A in my passport, can I use my existing VISA and new I797 (approved for employer B) petition when entering USA (POE)? Or Do I need to go my VISA stamped again for new employer?

2. Do I need the hard copy of approved I797 document or the approved receipt # is enough in port of entry. I heard that it will take atleast 4 weeks to get hard copy of I797 via mail.

Thanks,
BB

 

[ImmigAttyLana]

If you have a valid H-1B visa, even if it was obtained through a previous employer, it is still a valid visa for entry to the US as long as you also have a currently valid I-797 approval notice for the company for whom you intend to work.

Please let me know if you have any additional questions or how I can be of further assistance to you in this matter.