H1B Travel, 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?
 
1. No
2. It is better to enter using the new employer receipt notice or approval.
a. receipt notice is enough
b. Yes.
 
jaxen, thanks for your response.

Can you provide more details about how you get the conclusion? I have got some responses in another thread and am totally confused. Here is the link http://www.immigrationportal.com/showthread.php?s=&threadid=102160


My major concern is whether my new pending H1B petition will be abandoned if I leave the US. 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. But I don't know what will happen to my I 94. As I posted in above link, I might get two I94. Let's assume I leave US while the H1B petition is pending. I have to surrender my old I94 at the airport. If surrendering I94 doesn't invalid my H1B petition, I might have two new I94s when I reenter US. One comes with the new approval of H1B, which my attorney sends to me while I am in the Europe. The other one is issued by the poe official. This doesn't sound right.

BTW, according to my attorney, I am filing a new H1B petition to work for my new employer. I stop working for my former employer last week and my new petition was overnighted to BCIS today. They should have it by 10:30am tomorrow.
 
You must log in or register to reply here.
Top