H1 transfer - traveling overseas before approval - I-94 question

P

preethi_mital

New Member
Hello,

Company "A" I-94 has expired still stapled on my passport. (the one which I came to usa for the first time).
Though I have been laid off Company "B", the visa (they have not cancelled the visa) and their I-94 (still stapled on my passport) is valid upto 2004.

Company "C" has filed for H1-transfer. The approval might take 3-4 months. I need to travel overseas for a few days only now for personal reasons and come back. The company "C" is ready to issue me a letter and I have the pay stubs.
In this situation, i.e. before the Company "C"\'s H-1 transfer petition is approved, is it possible to re-enter usa if I travel overseas? i.e how is the issue of I-94 to be taken care of?

Please reply - I appreciate all your help for this poor soul.
Preethi
 
Since you do not have an approval visa from C, you cannot enter into US using C.

furthermore, your trip might be considered as abandonment of H1 transfer.
If the transfer was from B to C, then having a I94 (with company B) can be explained in the future.
 
Is there a documented legal explanation to this?

Hi Jaxen and all,

Thanks for the reply. Is there a documented legal explanation to this?
 
Retraction...

AC21 does let you come in using company C I94. You need the stamp from company B or I797 from company B and receipt notice of company C H1 app. If you do not have a receipt, ask your lawyer to provide the proof validatable by CLAIMS query. Sorry for the mix up.
 
Jaxen - I just want to be sure that company "B" has not cancelled the H1

Jaxen - I just want to be sure that company "B" has not cancelled the H1. Therefore, is there is a phone number or anyother way with INS to confirm that the company "B" has not cancelled their H1?

Even if the company "B"s H1 is cancelled, am I still eligible to re-enter USA after overseas travel before getting the approval of the transfer petition of company "C" ?
 
No way to confirm a cancellation.

But you can give the receipt number of the H1 to the service center IIO (call INS during office hours), if you can get through the telephone maze (more like a desert).

As I said in the previous post find out from your lawyer how INS can confirm the Company C transfer petition - using CLAIMS query. May be lawyer can provide additional "key/identity" info which will make it easier for the INS officer at POE to trace the petition.
 
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