REVISTED : Travel while H1 Transfer is pending

V

VijaR

Registered Users (C)
Hi All:

My company filed for my H1B Transfer on April 12, 2002 (CSC) and still I have not recd. any decision. However in the mean time I made travel plans and I am travelling outside US. My first impression was that I will have to cancel my visit as my H1B transfer is pending however my lawyer has a different theory. Here is what they say :

"Since you and your spouse have unexpire H1B/H4 visa stamp (Expiring in March, 2003) in your passport, you can continue with your travel plan. You should carry your Original I-129 filing receipt , letter from the company and lawyer and few recent paystab. Show it to the INS officer at the POE and you will be allowed back in the country"

Any ideas if it is okey? or there is some grave misunderstanding?

Any ideas will be GREATLY appriciated.

Regards

VijaR
 
If the approval comes before you come back into US, you will have to apply for a I94 error fix after coming into US.
 
Jaxon,

Thanks for the timely advice but my immidiate concern is getting entry back in the country without new I-129. Do you see any problem(s) with the guildlines provided by our lawyer?

Many thanks

Regards

VijaR
 
Hello Jaxen,

Can you please clarify. Do you mean it is okey to travel ? Will I have any probelm at POE?

Thanks again for all your help

Regards

VijaR
 
No

when a transfer is pending it is not advisable to travel until approval. You will most proabably be approved to enter US now, but you will face I94 problems if the approval comes after your entry.
 
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