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 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?