I often receive questions concerning whether travel abroad is possible based on the previously stamped H-1B visa (with unexpired dates) through a former employer.  The legacy INS Memorandum from Michael A. Pearson, Executive Assoc. Comm’r, Office of Field Operations (January 29, 2001) states that an H-1B beneficiary is admissible at a port of entry even if he or she is no longer working for the original petitioner, provided that the following conditions are met:

1.  The applicant is otherwise admissible;

2.  The applicant, unless exempt under 8 CFR §212.1, §1212.1, is in possession of a valid, unexpired passport and visa (including a valid, unexpired visa endorsed with the name of the original petitioner);

3.  The applicant establishes to the satisfaction of the inspecting officer that he or she was previously admitted as an H-1B or otherwise accorded H-1B status. If a visa exempt applicant is not in possession of the previously issued Form I-94, Arrival/Departure Record, or a copy of the previously issued I-94, the applicant may present a copy of the Form I-797, Notice of Action, with the original petition’s validity dates; and

4.  The applicant presents evidence that the new petition was filed timely with the Service Center, in the form of a dated filing receipt, Form I-797, or other credible evidence of timely filing. In order to be a timely filing, the petition must have been filed prior to the expiration of the H-1B’s previous period of admission. The burden of proof is on the applicant to show that he or she is admissible as an H-1B and eligible for visa portability provisions described in AC21.  Please ensure that you collect all proper documentation prior to utilizing this process.  In addition, you should obtain a letter from your current employer certifying that they are aware of your trip.  If possible, consult an attorney for details concerning your specific case.