Pending H1 Transfer with Receipt. Travel Problem

[ki8237]

Hi All,

I am applying for an H1B transfer and got the receipt. I need to travel back to Canada (with Canadian passport) for a weekend. I have already gotten laid off from previous employer and will start with new employer with the receipt. My passport still has the not-expired stamp with previous employer.

Various posting said traveling without an approval means abandoning the petition. With that I asked my lawyer to do premium processing. However, she said there is no need to (therefore, did not do premium processing) since she can prepare some travel document for me. With that travel document and the receipt, I should be able to travel out of the States and come back in. Does anyone have any idea what she is talking about?

Questions,
1) Has anyone gone out of the states with just the H1B transfer receipt? and come back?
2) Can attorney comment on the "travel document" ?
3) Is there some phone # I can call INS to verify?

Thanks,

ki8237


Please Help!

I have read from somewhere that there is an INS memoranda that clarifys,
"if the new H1B petition is pending with the INS, the foreign national may be allowed to re-enter the U.S. under AC21 until the date of the prior H1B approval of the prior employer or the date requested in the most recent H1B extension if the case has been approved by the INS."

Does anyone know which INS memoranda it is?

Thanks,