can I go abroad without AP H1 still valid(although from last employer)

B

bakshi

Registered Users (C)
Hi all
My H1(visa stamped) is valid till July 2003 with the name of company A. I was laid off by Company A in July 2001 I joined company B in September 2001 and while my H1 transfer was being processed I went to India for 10 days in October 2001 with
transfer-application notice and company A's visa.
Meanwhile I got married and my I-485 was filed thru my wife as dependent. I was laid off by company B in August 2002. I did a 4 months contracting with company C from September 2000 to January 2003 on 1099 using EAD. My EAD and AP expired in January 2003. I got my EAD renewed but not AP. My question is can I go to India using the visa stamping done for Company A. I would like to emphasise that mine is a dependent case (I 485 RD 22 Oct, 2001) and my wife's GC is already approved(August, 2001 RD)
Thanks
 
No.

Once you are terminated from company A - your H1 is no longer valid, because H1 is very specific to employer and location. And on the day you were terminated from your H1B sponsoring employee, you were out of status.

On the visa stamp, there's an annotation for company name, etc.
If you used that visa to enter the U.S, it could be considered as an immigration fraud, i.e. by showing that visa you're telling the officer at POE that you come back to the U.S so that you can (continue to) work for company A, while in fact you have been laid-off from company A!

I suggest that you postponse your travel until you've received your new AP.
 
thanks GC012002 for the reply......however I would let you know one thing and that is if your H1-transfer case is being processed and if you have a copy of receipt for the latest application and your last visa with previous employer is valid you can travel. When I was terminated from company A I joined company B and went India. I had an H1B-application receipt from the company B, pay-stub from the company B and the visa was from the company A(had it been approved for company B then I would have needed a fresh-stamping before re-entry) and at the POE I did declare that I was working for company B. I was taken in a room I was questined for half an hour I politely explained all the rules and I was let in.
I DID NOT COMMIT ANY FRAUD, you are wrong in that !
 
No you cannot use that H1 anymore

Since you are working for company C on EAD, your H1 (which was for Company A ) is NOT valid anymore! You will be committing fraud if you ever try to use that to enter US!
By the way, don't you think the fact that your wife's case was approved but you are still waiting should stop you from traveling out of US at all?
 
Alright I may not use it now but when I used it last time It was very much correct.
As regards to my wife having been approved and not my approved I don't have any doubts because if You append your spouse name later after filing your I485 your spouse gets a different priority date. My wife's I 485 was filed in early august and mine in late October 2001 so I have to wait for my turn. Both the cases are approved together only when if it has same RD....
 
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