travel during H-1 transfer

J

junmei

Registered Users (C)
We have AP approved and NIW based I-485 is still pending. I am using H-1 to work for company A in CA. I accept an offer from company B in NC. Company B will sponsor my H-1 transfer. (I still want to keep H-1 status before the approval of I-485.) I will be in the payroll of Company A until I start in Company B. We plan to travel abroad in the end of year during my job transition using my vacation time. The questions are:
1) Can we safely return with AP?
2) Will the H-1 transfer be affected if the case is adjudicated when we are abroad?

I think we should use premium processing to get H1/H4 transfer done before we leave, then come back with AP.
Please give us some suggestion.
Thanks a lot.
 
I see no problem

junmei,

1)If you have valid h1/h4, go and come back without any problem. Do not show your AP at port of enty.

2) If you have expired h1/h4 then the only way to travel is on AP.

Once you have returned on AP, I don't know if you can switch back to h1 on a company B. Then in that case you may have to start your GC process all over again. Best solution is you may want to make use of 180 days rule, instead of going ahead with new H1B option. Talk to your lawyer. Good luck, but you are fine with travel.
-n
 
Hi, prospect:
Thanks for the reply. We do not have H1/H4 visa stamp becasue we tranfered from F1/F2 in the states. Since it's slow to get visa in my country, we plan to come back with AP. I was told I can continue to work as a H-1 as long as I do not use EAD. Our I-485s are filed using my self- petitioen National Intererst Waiver (NIW) based I-140. So in any case we do not need to restart I-485.
Thanks for the help.
 
"1) Can we safely return with AP?
+++++YES
2) Will the H-1 transfer be affected if the case is adjudicated when we are abroad?
YES. Any non immigrant petition pending, such as H1, will be treated as abondoned if you leave the country before it is adjudicated. This is very serious issue, depending on various circumstances.

I think we should use premium processing to get H1/H4 transfer done before we leave, then come back with AP."
if you already in adjustment of status pending and you are ready to come through AP, why do you need h1/h4 transfer to be done. if you enter on AP, I guess you would need to work on EAD. I dont see the connection.
 
I don't think H1 pending would be a problem unless you can not return to US. Anybody can confirm this?
 
I had experiece for H4 pending during the travel without any problem. I believe H1 and H4 belong to same class.
 
You must log in or register to reply here.
Top