h1 transfer while extension s pending?

R

rosar17

Registered Users (C)
hai
I have filed an extension forH1 and h4 at may stil our case s pending..but v r planning to move to new employer is it possible to transfer while my h1 and h4 s pending?

while H1 and h4 s pending, can v travel back to india?wil it affect H1 and H4 status?wat wil happen?

what wil b t procedure?or i need to wait til my extension s approved..

plz reply...
 
rosar17 said:
hai
I have filed an extension forH1 and h4 at may stil our case s pending..but v r planning to move to new employer is it possible to transfer while my h1 and h4 s pending?
------------------------- not "WE" are Planning it is H1 holder who is planning to move to new employer. H4 is not tied to employer H4 is tied to h1 holder
while H1 and h4 s pending, can v travel back to india?wil it affect H1 and H4 status?wat wil happen?

what wil b t procedure?or i need to wait til my extension s approved..

plz reply...
Click to expand...

if the H1 and H4 extension is filed you can go out of US but to enter US you need valid Visa .if you have valid Visa you will get I-94 till H1 Visa stamp. but if you get H1 and H4 extension approvals before you go out or before you enter and have valid H1 and H4 visa stamps then show the valid visa in Passport and H1 or H4 extension approval at POE and you will get I-94 till H1 or H4 extensions (this option is if you want to work with employer who filed your H1 Ext)
if you want to file H1 transfer then better file with Premium Processing so that you get H1 transfer approved in 15-25 days and then go out

OR
wait for the H1 or H4 extension approved and then go out and come back and when you come back then file H1 transfer
 
H1 Transfer pending and travel abroad

I am doing an employer change - HtoH transfer.

Do I have to wait for the H1 transfer approval or is the receipt good
enough for me to travel abroad? Do I have to get my new H1 stamped
before reentering? I still have the dates on my old h1 (from AMD)
valid on the stamping on my passport - will this suffice? Please
explain.

Also my Advanced Parole is on its way. Will I be able to travel on EAD
and AP, when my H1 transfer is being filed? Can I still hold on to my
H1 status, if I traveled using my AP?


Regards,
Suhanya.
 
suhanya said:
I am doing an employer change - H toH transfer.

Do I have to wait for the H1 transfer approval or is the receipt good
enough for me to travel abroad? Do I have to get my new H1 stamped
before reentering? I still have the dates on my old h1 (from AMD)
valid on the stamping on my passport - will this suffice? Please
explain.
--------------------------Better go out after H1 transfer is approved and you have H1 transfer approval in hand. if you have valid Visa stamp in passport through past employer when you enter US then at POE show the visa stamp AND H1 transfer approval and you will get I-94 till H1 transfer approval validity. if you dont have Valid visa stamp when enter US then better get H1 visa stamp before you enter US.
Also my Advanced Parole is on its way. Will I be able to travel on EAD
and AP, when my H1 transfer is being filed?
**** EAD is not for travel. you can enter US with valid AP


Can I still hold on to my
H1 status, if I traveled using my AP?
-----------------------Read the Memo from USCIS. if you are enter with AP and are going to work for the same employer who filed your latest H1 then you are on H1 status and can also file file H1 extensions in future.

Regards,
Suhanya.
Click to expand...
Better option is to go after H1 transfer is approved and you work few days with new employer and at POE show Valid Visa through past employer AND H1 transfer notice(also keep new employer letter and show only if asked)
 
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