need to fly out without the new h1 approval

V

vingog_kum

New Member
hi
I have my old employer h1 visa stamped until sep 2003. My new emploey h1b was filed on may 1, 2002 and i am still waiting for approval. But i need to fly out immediately in the meantime.
1) Now is it OK to fly out without the approval
2) If its OK, what documents do i need to show at the port of entry.

Awaiting for an immediate reply

thanks in advance
vinaya
 
answers

Generally when an application is pending it is not advisable to travel out of US. However,
1. You have to come back before the approval which in itself a risk.

2. U need at least receipt notice to enter back into US. Without approval it is a huge risk- especially post 911. Just be prepared to wait outside US (with consular notification of h1 approval) in case you are not allowed in. Consult your lawyer to assess risks.

3. You can speed up your h1 extension by going for premium processing.
 
hi jasen
thanks for ur immediate reply. I have my H1-b notice with me for the new filing, but i dont have the approval yet. Also my lawyers told me that if i present then enough proof of employment details, that should be OK.
can you pour more light into this
thanks
vinaya
 
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