Travel Abroad while H1 xfer is Pending

S

shersinghg

Registered Users (C)
Currently, I am working with Company A on H1. I got a job offer with Company B and they are in the process of filing a H1 Transfer. Once, they get the receipt (WAC) number, I can join them anytime as per new INS law. But I have to travel abroad for personal reasons very soon, before the approval of New H1 with Company B. Company-A is not cancelling H1. In these circumstances :
(a) Is it OK to travel abroad before the New H1 is approved, given that I join the new Company on getting receipt (WAC) number and given that I will have to return before the new H1 approval comes ?
(b) Is it possible to enter US on old H1 of Company A (which it wont revoke) , given that I join company B?
(c) Can H1-transfer be applied through Premium Processing?
 
Thanks a lot
 
Probable Problems with POE INS officer

Thanks Jim!
In addition to option (b), Do the Officer at Port-of-Entry normally cause any trouble if the H1 (or/and stamped visa ) of the person entering the country is expiring in next 7 days? (technically they should allow the person to enter the country even if visa/H1 is valid for 1 more day)
thanks again
 
They shouldn\'t geive you a problem . . .

but they can. Immigration officials at the border have a lot of discretion. If you want to be 100% safe, don\'t leave the country. Given the potential for problems it has never ceased to amaze me over the years how many people plan vacations out of the country the one time every three years that there is a possibility of problems.

Just an observation.

Jim

James d. Mills
(formerly Jim M)
Attorney at Law
jdmills@justice.com
732-644-5702
 
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