Travel to India while H1 transfer pending

S

SWaiting

Registered Users (C)
I was working for company A. Whose H1 and visa on my passport is valid till Nov 2004.
Now I have moved to company B. They have applied for transfer of H1. I have received the receipt of that.

In the mean time, my previous company called and said that they have to send a notice to the INS requesting them to cancel my current Visa since I donot work for them any more.

a) I am planning to go to India in last week of Dec 2003 for 2 weeks. Can I go to India and come back, with the Reciept of filing for H1 by Comapny B and Company A Visa stamped on the Passport.

b) Would I be able to go to India and come back even if company A cancels my H1 ?

thanks for the responses.
 
Wait for the H1B papers

This has been discussed in previous postings and mentioned in several lawyer websites that , in general, it is not advisable to travel while H1B process is pending approval.

That too in your case, if you don't want any legal repercussions, I would say, hold off your travel plans and wait until you get the H1B approval papers. If you cannot avoid travelling then you should convert your H1B to premium by paying $1000 more, get your papers and then travel.

Because your previous company A is pulling off the H1B sponsorship, to be on the saferside, get your visa stamped in your home country, while coming back .

Udai
 
In the mean time, my previous company called and said that they have to send a notice to the INS requesting them to cancel my current Visa since I donot work for them any more.

a) I am planning to go to India in last week of Dec 2003 for 2 weeks. Can I go to India and come back, with the Reciept of filing for H1 by Comapny B and Company A Visa stamped on the Passport.
------company A can only revoke/cancel the H1B petition and they cannot revoke the Visa stamp in passport, one can travel back to US with past employer Visa stamp and show your H1 transfer approval notice then you will get I-94 till the date H1 approval, the receipt is not enough
b) Would I be able to go to India and come back even if company A cancels my H1 ?
--- Company A can cancel only your H1 petition NOT the Visa sticker on passport, you should get H1 approval in hand .
 
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