H1B Travel, emergency, Help!

J

jbxie70

Registered Users (C)
I am currently in H1B and in the process of transferring my H1B to my new employer (Company B). The paper work for the transferring should go out by tomorrow.

I have a valid visa stamp on my passport based on my former employer (Company A) (expiration date Dec 03, 2003). Now I need to go to Europe this weekend (Otc. 31).

My questions are:

1. If my H1B Tranferring is pending, will my trip to Europe abort my petition for H1B?

2.If the answer to question 1 is no, then can I reenter the US using the Visa I got based on my former employer (Company A)? Here is some info I got from website of ¡°U.S. Department of State Bureau of Consular Affairs" Link

" you changed employers and received a new I-797, Notice of Action, you may reenter the U.S. with a valid visa in the appropriate category and the valid I-797 from your new employer, even though the visa is annotated to reflect your former employer. The Visa Office will not revalidate a visa to reflect a change of employer unless the visa will expire in sixty days or less. "

a. Is the new I797 required the receipt notice or the approval notice?

b. Another problem is that I probably wouldn't get the receipt notice before this weekend. Can I leave this weekend and have my attorney fax the receipt notice or approval notice to Europe so that I can use the valid VISA based on Company A and the receipt notice or Approval notice (for Company B) to reenter the US?
 
I do not know the answers to your quiestions.

How long are you going to stay in Europe? I did not get it from your post. Do you know how long it takes to receive a receipt notice(not an approval notice) from INS? I believe that if it is a short trip, you might not have even enough time to get a receipt from INS.
 
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Thanks for the reply. My trip is about a week, but I can stay in Europe till I get the H1B receipt notice/approval notice. The problem is that I have to leave this weekend.

My major concern is whether my H1B petition will be abandoned if I leave the US this weekend. If my H1B petition is still valid, then I can stay in Europe for a bit longer till my attorney send me the approval notice.

DO you guys have any idea whether my H1B petition will be abandoned if I leave the country?
 
Hi! jbxie70

Did you already started working for new employer? If no then don't mention on your return that you changed or in process of changing your employer. As per law you can always do that but no need to mention your self.
You will be ok to let them know that you are still with your current employer with whom you have visa. Take your recent paystubb/W2 & if possible a reference letter from current employer that you are going out of US for vacations.
I beleive you will be ok.
One of my freind told them the same even he switched the employers.

Good Luck & enjoy your vacations.
 
You are fine as long as the petition is submitted to USCIS before you leave and that the petition is a "transfer" or EOS. If it it a change of status, international travel invalidates the petition but bit for an EOS.

There is a recent (a year or less) memo regarding this subject. However, you really should speak to your attorney since it is easy to miss something in this forum.
 
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