Traveling while H1 Transfer is pending

[pveerendra]

Is it ok to Travel while H1 Transfer is pending?

Hi All,
I am working for a company who filed for my H1B Transfer on July 20, 2002 and still I have not recd. any decision. However in the mean time I need to travel to India. In My Passport the visa stamp from my previous company is valid until July 2003.

Is it ok to Travel while H1 Transfer is pending?

Any ideas will be GREATLY appriciated.

Thanks,
Veeru.

 

[jaxen]

No

No it is not advisable. If you must, enter US after approval is received and not before. Enter using new approval (U dont need a new visa stamp in passport)

 

[pveerendra]

Thanks a lot for your reply.
Actually I have very important work and hence I have to Travel and come back to US in 2 weeks.
Can you please tell me Why should not I enter US before approval?
And also please let me know what are the risk factors I need to face if I enter before Approval and how should I prepare to reduce those problems.
I feel as I have a valid travel document which is Visa in my Passport I think it is legal to enter, please give me more details on this.

Thanks,
Veeru.

 

[jaxen]

Your travel document is not valid. You dont work for the company any more.

However the issue is this. When you applied for H1 transfer a copy of the I94 was sent to INS. When you travel now and come back later, you will receive a new I94. Eventually when the approval comes the I94s will be out of sync. So if you try to apply for revalidation, the stamping will be refused.
This can be fixed
1. by going out and coming back in immediately showing new approval (and old compant visa stamp)
2. By filing I94 error fix (see INS web site).

Also See AC21 June memo. This has some portability admissability notes which might be favorable to your condition.

 

[amxmjs]

Traveling is OK with old H1B

This is very delicate question and here you have real experience person answer.
I am same as you. I have old H1B and have applied for new H1B. I went to UK for my new employer even my new H1B not arrive. I also came back and there is no problem. But there are some rules which you have to follow. See what INS says:
According to an INS memo, H-1B employees who are working under the portability provision for their new employer, may travel and be readmitted to the U.S. if they meet certain requirements as outlined below:
1) They have to be otherwise admissible;
2) They have to have a valid H-1B visa (endorse with name of previous original H-1B employer) and valid unexpired passport;
3) they have to have been previously admitted in H-1B status or otherwise accorded H-1B status(be able to show the previously issued I-94 where they have been accorded H-1B status or copy of the previous H-1B approval notice;
4) the new H-1B petition based on portability was timely filed and they have a copy of the INS receipt notice or other proof of timely filing.

I would recommand that carry all the paper which are applied by your new company. Also carry your I797 with you.
Best of luck and enjoy your traveling.