H1-B transfer and need to visit india

A

ak76

Registered Users (C)
Hello,

I am kinda in a tricky situation here and would like to get some inputs asap. I have applied for the H1-B transfer to company B (under premium processing) last week. Due to some urgent family issues, I need to make a visit to India in the near future.

Because of the nature of the issue, I want to visit India before I join the company B. The questions I have is whether i'll be able to return back with the existing visa which is valid till 2006. What will happen under the following cases given the fact that my H1 transfer is pending and assuming my H1 transfer is approved before I leave for India.

1. Visit India after resigning the job with company A. Will I go out of status during the period I visit India?
2. Resign from company A after the trip. Will I be able to re-enter the US with the old visa.
3. Visit India after starting with company B.

Do I have to get my visa re-stamped during the trip or can I travel with the visa which was stamped during aug 2003.

A reply to my questions is very much appreciated. Thanks a lot in advance.
 
ak76 said:
Hello,

I am kinda in a tricky situation here and would like to get some inputs asap. I have applied for the H1-B transfer to company B (under premium processing) last week. Due to some urgent family issues, I need to make a visit to India in the near future.

Because of the nature of the issue, I want to visit India before I join the company B. The questions I have is whether i'll be able to return back with the existing visa which is valid till 2006.
----- YES, show the Valid Visa and H1 Transfer approval at POE and you will get I-94 till H1 transfer approval, check your I-94 date at POE if mistake point it to officer or ask for supervisor( better keep letter of new company with you and show ONLY if asked)
What will happen under the following cases given the fact that my H1 transfer is pending
----- they may admit you with H1 filing transfer reciept and Visa stamp but it is risky
and assuming my H1 transfer is approved before I leave for India.
---- if H1 transfer gets approved before you go out better for you, read above
1. Visit India after resigning the job with company A. Will I go out of status during the period I visit India?
-NO
2. Resign from company A after the trip.
- better do that
Will I be able to re-enter the US with the old visa.
---YES
3. Visit India after starting with company B.
---- BEST option join B and have H1 transfer approval in hand before you go out
Do I have to get my visa re-stamped during the trip or can I travel with the visa which was stamped during aug 2003.
---- reead above
A reply to my questions is very much appreciated. Thanks a lot in advance.
Click to expand...
 
Thanks ginnu for the reply.

One more question, if the company B does not agree to my trip or would not want to wait, is it possible for me to continue with Company A itself. ie., after my H1 transfer to company B, what is involved in myself continuing with Company A itself?

Thanks much.
 
ak76 said:
Thanks ginnu for the reply.

One more question, if the company B does not agree to my trip or would not want to wait, is it possible for me to continue with Company A itself.
----- yes, if comany A has NOT revoked your H1 petition
ie., after my H1 transfer to company B, what is involved in myself continuing with Company A itself?

Thanks much.
Click to expand...
 
On the same note I want to find out if my wife who is on H4 visa can travel outside the US and reenter with the old visa stamping which is valid till 2006. An extension of her I-94 has also been filed along with my H1b transfer.

Thanks,
 
ak76 said:
On the same note I want to find out if my wife who is on H4 visa can travel outside the US and reenter with the old visa stamping which is valid till 2006.
---YES
An extension of her I-94 has also been filed along with my H1b transfer.

Thanks,
Click to expand...
 
You must log in or register to reply here.
Top