H1B Question? New passport,new Approval I-797, old stamp of H1B still valid on expired passport?

Question

Hello All

I have recently changed employers.

My new employer has given me a !-797 H1B approval.

However my old visa stamp on my passport is still valid till 2010.

As of right now, I have a new passport and a new I-797 approval notice. My old passport has expired, but it has the old H1-B stamped on it which is still valid.

Should I need to get a new stamping ? My new passport is only valid for one year and I will need to get a new one next year also.

I am in a dilemma .

Please help

Answer 1

You must have a new stamp in your new passport. the old H1B is only valid with your original employer and as long as your passport is valid. When you change either  passport or employer you need to get new stamps and pay fee's

Answer 2

After changing H-1B employers in accordance with DHS procedures for  making such a change, an H-1B visa holder may continue to use his or her original H-1B visa for entry into the United States. Upon applying for entry, the visa holder must present the new Form I-797, Notice of Action,

evidencing the approval of the change of employer in addition to the visa.

The combination of the documents that you have is sufficient to enter the U.S., but depending on which country you're from, you cannot be admitted to a date beyond the expiration date of your passport or a date six months before it expires.

You do not need to get a new visa, but you do need to travel with the I-797 Notice of Action showing the authorization to change employers.

If both passports are from the same country, you can use the expired one with the visa along with the currently valid one. The officer can only admit you for one of the durations I mentioned above. If you are admitted for a greater period, you will have an erroneously issued I-94.

It looks like your window for travel is fairly small at this moment, but you could travel if you needed to.