H1-B Xfer Pending / Travel

M

mjake305

New Member
Hi all, my first post, I hope this is the right place.

I am in a very awkward situation and it's causing me some sleepless nights.

I am currently on an H1-B visa valid till mid next year for company A. I got a job offer from company B and resigned this week from A, Friday was my last day. The lawyer for company B put in for a H1-B transfer for me about 2 weeks before my resignation date. The xfer request was done premium processing so it should hopefully come back soon.

Unfortunately, I have to travel to Europe this coming week for a week for a family emergency. If the visa xfer doesn't come back to my lawyer during that week that I am in Europe, can I legally come back to the US using my current H1-B stamp and notification that I have for company A? If I understand the law correctly, I am still in status.

Somebody mentioned something to me that I just have to bring a copy of the receipt notification for my visa xfer from the INS with me and explain to the immigration officer that my visa xfer is pending and show him the receipt. What receipt is meant? The FedEx receipt?

If anybody can give me any input how I can in this situation legally, I'd very much appreciate it.

Thanks,

Jake
 
You need the USCIS official receipt. You can always convert this application into one that requires consular stamping and attend to the emergency , get the visa stamp in a US consulate and come back.
You can also come back using old visa , you need to fix the I94 after H1 extension approval.
 
Thank you, jaxen.

So this means I am fine, I can go to Europe even though resigned but come back on my current visa H1-B as it is still valid. When the transfer then comes through, I should adjust my I-94. Meaning next time I leave the country after the transfer, they note on the new I-94 the new company.

That's good news!

Thank you very much.

Jake
 
You must log in or register to reply here.
Top