New H1B approval - Travel outside US - URGENT

[kkm77]

Hello,

I am currently working for Company A on H1B, with an expiration date of Dec 31, 2003. I have an offer from Company B and they have just started my H1B processing (extension and not transfer - whats the difference BTW?)

I have to go to India on some personal work and need help with the folowing:

1. If the approval comes through when I am in India, what documents from the new H1B would I need to re-enter US? Apart from the H1B papers, do I need anything from the new employer?

2. If I wait until the approval and the documents come thru, and then leave for India, what documents do I need to carry with me?

3. Are the document requirements different for 1 & 2 above (erdundant question, but, I feel its better to be clear than sorry later )

4. In either case, I'll be returning to US by the end of September 2003, which implies that my previous H1B/I-94 will be valid for 3 more months. In that case, do I have to go to a consulate in India to get the stamping done OR can i just return to US with the new I797 and send my documents to St. Louis for processing the extension/revalidation?

I am working with very tight timelines and would greatly appreciate if someone can answer the 4 questions above. Also, is Option 1 riskier than Option 2; given the uncertainty of the postal/courier services (delivering my new papers)

Thanks in advance,
KKM

 

[jaxen]

All you need is your new H1 approval papers. If the approval is accorded after you come back into US (using a I94 different from the one you sent to BCIS for H1 transfer) all you need to do is get another I94 (file I102 at local office or nearest POE) and continue working for the new employer.
Not much difference between h1 extension and transfer, except for I94 and compliance situations... read the archives to learn about other contingency scenarios.