In a recent meeting with the Department of State (DOS), we advised: The Mission India U.S. Travel Docs website features this question: “I have a valid H-1B visa which contains my previous petitioner’s details. I have changed my employer with valid I-797 and am back india for a short trip. Can I travel back to the U.S. on the same visa or do I need to apply for a new visa? Can a person on a dependent visa work in the U.S.?”
The site at http://www.ustraveldocs.com/in/in-gen-faq.asp#qlistwork13 provides the following answer: “In general, if you have a new petition with a different employer, you need to apply for a new visa. In certain situations (such as corporate restructuring), it may be possible to travel back with your current I-797 and visa. Further information can be found through the U.S. Customs and Border Protection.”
This answer is inconsistent with the American Competitiveness in the Twenty-First Century Act (AC21), which provides that a visa holder can use a valid H-1B visa issued for previous employment with company A and an I-797 issued for a new position at company B to seek admission to the United States. Can the language on us travel docs website be amended to reflect the correct procedure under AC21?
Thank you for bringing this to our attention. 9 FAM 402.10-11(C) provides that an H-1B visa holder does not need to seek a new visa when there has been a change in their employer. Mission India has corrected the information on their website to reflect this.