Travel while H1-B petetion is pending

[krishna_vv]

Hi


I have certain questions related to immigration and travel.

I was an ex employee of Company A and had left this company in July 2008 and then joined a company B. company B had applied for H1-B transfer and the receipt date is July 15, 2008 and is still pending with any RFE.

I have an approved I-140, EAD, AP which had been applied through company A. I had been with company A for more than 180 days after filing AOS.

Below are my concerned items.
1. My passport has a VISA stamp on company A name and is valid until Apr 14, 2009. Can I travel out and enter back US while company B H1-B Transfer petition is pending by showing company B's receipt notice ? Is this advisable?

a. With in how many days, before my current VISA stamp expiration, is it advisable to enter into US? Is it like 30/60/90 day period before visa expiration?​

2. Assuming that my new H1-B transfer petetion gets approved after I re enter US, and then my dependent applies for H4 visa abroad, at the port of entry would she be able to get her I-94 validity based on my newly approved transfer petetion?

a. For bringing dependent(wife) along with me to US, do I need to wait until new H1-B transfer petetion gets approved from my current employer ?​

3. If my new 797 petition is approved, while I am outside US, and I do not intend to get re-stamping done and during my re-entry to US, if my new I-94 is issued say until Apr 2009 (based on my old employers approved I-797 validity), does INS mandate to get a new I-94 after Apr 2009, by traveling outside US, to maintain a valid stay in US, or does new I-797 approval which has validity after Apr 2009, suffice to stay in US?

Thanks

 

[ginnu]

Hi


I have certain questions related to immigration and travel.

I was an ex employee of Company A and had left this company in July 2008 and then joined a company B.
company B had applied for H1-B transfer and the receipt date is July 15, 2008 and is still pending with any RFE.

I have an approved I-140, EAD, AP which had been applied through company A. I had been with company A for more than 180 days after filing AOS.

Below are my concerned items.
1. My passport has a VISA stamp on company A name and is valid until Apr 14, 2009. Can I travel out and enter back US while company B H1-B Transfer petition is pending by showing company B's receipt notice ? Is this advisable?
-------------------for Travel out of US you dont need US visa. you need B H1 approval Notice and Visa through A to enter and at POE show the Valid Visa through A AND H1 Transfer approval notice of B at POE.

a. With in how many days, before my current VISA stamp expiration, is it advisable to enter into US? Is it like 30/60/90 day period before visa expiration?​

-----------------one should enter 4-5 days before Visa expires
2. Assuming that my new H1-B transfer petetion gets approved after I re enter US, and then my dependent applies for H4 visa abroad, at the port of entry would she be able to get her I-94 validity based on my newly approved transfer petetion?
--------------- your spouse will get H4 visa stamp till your H1 approval notice and will get I-94 till Visa validity date

a. For bringing dependent(wife) along with me to US, do I need to wait until new H1-B transfer petetion gets approved from my current employer ?​

-------------------------YES ( you are not working with Aa nd need H1 approval notice of B)
3. If my new 797 petition is approved, while I am outside US, and I do not intend to get re-stamping done and during my re-entry to US, if my new I-94 is issued say until Apr 2009 (based on my old employers approved I-797 validity), does INS mandate to get a new I-94 after Apr 2009, by traveling outside US, to maintain a valid stay in US, or does new I-797 approval which has validity after Apr 2009, suffice to stay in US?
---------------------if you are out of US and your H1 transfer gets approved let the employer send you the H1 transfer approval notice to you. when enter US show Visa stamp through A AND H1 transfer approval of B and you will get I-94 till H1 transfer approval.
Thanks

1 better to go out after you get H1 transfer approval notice.
2 if you dont get H1 transfer approval then you can use Valid AP to enter US but AP use may create problem getting H4 stamp for your spouse from consulate.
*** I dont know what is asked in RFE? RFE from you for any documents or RFE is for employer B documents. Clear with your lawyer before you go out and find your options if H1 transfer gets denied.