This question is commonly asked in both by clients calling our office as well as people posting questions in our discussion forum, so please pass this along to any of your friends, colleagues, co-workers, and others that travel using H1b visas so that they understand their rights when traveling.

In the most recent Southern California AILA - CBP Liaison minutes (1-11-2010), CBP confirms that H-1b holders who have transferred companies, may enter using a visa with the name of their former company on it.

Question: “May an individual who possesses a valid embossed H-I B visa based on an H-l B petition filed by company ABC be admitted in the U.S. in H-I B status by presenting that valid embossed H-l B visa in conjunction with an H-I B approval notice based on an H-I B petition filed by company XYZ? (The individual would be entering the U.S. to work for company XYZ.)”

CBP Response: “A review of applicable laws, regulations and policies shows nothing that would bar the admission of this alien in H-I B nonimmigrant status to work for company XYZ if he is the beneficiary of a current, approved H-I B petition for that company and is otherwise admissible. This alien may be admitted no more than 10 days before the start date of the new petition.”

Furthermore, CBP confirms that the H-1b visa is valid regardless of whether the prior H-1b petition on which it was based has been withdrawn.

Question: “If the answer to the prior question is "yes," does it make a difference if the H-l B petition filed by company ABC was withdrawn?”

CBP Response: “Absent a visa revocation by DOS, the above-described H-IB nonimmigrant visa does not become invalid because the old employer withdrew the underlying petition. This alien can be admitted as an H-l B, if he is the beneficiary of a current, approved H-I B petition and is otherwise admissible. This alien may be admitted no more than 10 days before the start date of the new petition.”