Travel with H1-B filing receipt only

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shogun81

New Member
Hello,

My company is in the process of transferring my H1-B. I was terminated from my old employer on Dec 15 and my new employer should be able to file my documents by Dec 22 (i.e., within a week of termination).

I wanted to know if it is possible to travel internationally in my situation. My plan was to leave BEFORE the filing date and BEFORE I receive the filing receipt number and come back AFTER I receive the filing receipt number but without an approval notice. I have a valid H1-B stamp in my passport. My understanding is that it is possible to travel with the filing receipt only (document HQ 70/6.2.8 on USCIS website) but I did not know if it is possible to leave the US before getting the filing receipt and hence before you can legally commence employment.

Thank you in advance for your answer and happy holidays!
 
shogun81 said:
Hello,

My company is in the process of transferring my H1-B. I was terminated from my old employer on Dec 15 and my new employer should be able to file my documents by Dec 22 (i.e., within a week of termination).

I wanted to know if it is possible to travel internationally in my situation. My plan was to leave BEFORE the filing date and BEFORE I receive the filing receipt number and come back AFTER I receive the filing receipt number but without an approval notice. I have a valid H1-B stamp in my passport. My understanding is that it is possible to travel with the filing receipt only (document HQ 70/6.2.8 on USCIS website) but I did not know if it is possible to leave the US before getting the filing receipt and hence before you can legally commence employment.

Thank you in advance for your answer and happy holidays!
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If the past employer revokes H1 by writing to USCIS BEFORE the H1 transfer-filing petition reach USCIS then you will be in problem if you go out of US. Then you may have to wait for H1 transfer approval notice to be sent out of US and you get H1 visa stamp then enter. Better not to go out Before you get H1 filing reciept. if the past employer is not going to revoke the H1 petition by writing to USCIS then you may come back. for more info ask your Lawyer or new Company lawyer.
 
Last edited by a moderator:
Hi Ginnu,

Thanks for your answer. In what way would this be a problem? My understanding is that while technically you may be out of status the day you are terminated, the ISCIS recognizes that it is impractical to have the new petition filed the same day and hence allows for 1-2 weeks of transitional period between the two jobs. Why would this be a problem for international travel?

Thanks!
 
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