H1B Transfer - Can I travel

Expired stamping & H1B Transfer in pending since 6 months - Can I travel?

  • yes

    Votes: 1 100.0%

  • no

    Votes: 0 0.0%
  • Total voters
    1
A

ajitcipika

New Member
My new employer filed for my H1B transfer on 10/3/2003
The previous stamping on my passport expired on 12/1/2003

My prev I-94 (came with I-797 approval, vever travelled on it) is valid toll 8/2005. Stamping is from a previous employer (expired in 12/2003).

Now my concern is that its almost 6 months since I applied for H1-B Transfer from Texas Service Centre. My lawyer told its taking about 8 months now.

And I've travel to India for a week by next month for family reasons. I am totally confused. Can I travel if my H1B approval does not come in time. If yes, what documents would I need to show at port of entry while coming back...

I am in dire need of help and suggestions...

Thanx in anticipation...

Ajit Kumar
 
You cannot travel because you will not be able to return to the US if you do not have a valid visa stamp in your passport. However, what your lawyer should have told you is that if you need to travel to India in the very near future and your petition is still pending with the Service Center, for an extra fee of $1000.00, you can convert the pending case to Premium Processing and you are guaranteed a decision (hopefully an approval) within 15 calendar days. If you get that approval notice, then you can travel to India and prior to returning to the US, take that approval to the nearest US Consulate in Canada and obtain a new H-1B visa stamp.
 
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