H1 Petition (H1 visa transfer) pending, and travel plans scenario

[Immigstories]

Gurus
I need some guidance on my situation here: I am currently working on an H1B visa in the US. I was working for company A since Oct '06 and recently moved to Company B in December '07. I have an unexpired H1 visa stamped (associated with Company A) in my passport now. Company B promptly applied and I have the H1 Petition Receipt number (receipt date Dec 3 2007), and as of Jan 11 '08, the case is pending.

I need to travel to India on March 1st and returning on March 23rd. As my H1 petition with Company B is in a pending status, what are my options with regards to H1 visa stamping requirements when I need to re-enter the country on March 23rd '08:

1. Not get a new H1 visa stamp on the passport and travel with the Company A's H1 visa stamp. Is it safe attempting to re-enter the country with the H1 visa stamp from the previous employer? In that case, can I show them the old I797 and explain to the POE officer that I am currently working for a different employer and show them the new receipt notice and letter from the new employer? What if the new H1 Petition is approved a week before my travel date to India or when I am in India?

2. Make the new H1 petition with Company B, premium and obtain an approval. Travel to India with the new I797 with either a visa stamp from canada/mexico consulate or stamping from consulate in India. I would like to avoid this option, if legally permitted, as I may not have the time in India to go for stamping.


I apologize for the long-winded question here, and I greatly appreciate any suggestions or comments you may have. I browsed thru most of the threads in this forum, but did not answers to my specific questions.
Thanks

 

[manwithnoname]

I would advise not to travel during the H-1B transfer process. Otherwise, the approval notice will not contain the new I-94 - and you have to travel abroad to get your new visa stamped. The best strategy for you would be to get the H-1B transfer approved (by upgrading to PP is necessary) before you travel. If the previous visa is still valid you can use that re-enter. At the point of entry your I-94's validity will be based on the new approval notice.

 

[Immigstories]

Thanks for the response....


Is it safe to travel with a new approved I797/I94 and use the unexpired H1B visa stamp associated with an old employer to re-enter the country?

 

[sridevich]

You can travel with the new I-797 / 94 with that Visa (old employer). Now it is taking 3-4 months to get the new H1 transfer petition. So you may get around March 15th.