I am on an h1-b visa. I have been in the US since April 1999. Almost 5 months back I changed over to a new employer. On July 15th my new employer filed for my h1 visa transfer. It’s been almost five month and I haven’t got my approval yet. I just have the receipt number (for the h1 transfer) with me. On my passport my I-94 as well as my h1 visa from the previous employer is stamped till the end of Oct 2004. Meanwhile I am thinking of going to India for a short vacation of three week during the Christmas holiday. I am having a couple of question and would appreciate it if you could answer them.
1. I was wondering if I could go to India while my H1 is in the process of getting transferred?
2. Will I have a problem at the port of entry (when I come back after vacation) if my h1 is not approved till then?
3. What happens if the H1 gets approved when I am in India?
4. If a query from the INS comes during my stay in India will I face any problems? Will the query prevent me from re-entering the country?
5. Since it’s been almost 5 months since my H1 is filed can I meanwhile pay an extra $1000.00 and expedite the H1 transfer through premium processing? ”
1. I was wondering if I could go to India while my H1 is in the process of getting transferred?
2. Will I have a problem at the port of entry (when I come back after vacation) if my h1 is not approved till then?
3. What happens if the H1 gets approved when I am in India?
4. If a query from the INS comes during my stay in India will I face any problems? Will the query prevent me from re-entering the country?
5. Since it’s been almost 5 months since my H1 is filed can I meanwhile pay an extra $1000.00 and expedite the H1 transfer through premium processing? ”