Travelling during H1-transfer process(URGENT)

C

curious_to_know

New Member
Hi,

The H1 visa stamp in my passport is for my old company & has not yet expired. I changed my employer. It is 3 months now that I have received 'Receipt Notice from INS' for my I-129(petition for non-immigrant worker). I have started working from that day & also have been receiving pay-stubs from my new employer.

Now, my question is can I travel(NOV8-17) to Ireland (my sister's place) & come back (re-enter U.S) without any problems. I am planning to carry all documents like Receipt Notice from INS, Employer Letter, Offer Letter, Pay-Stubs etc. All your suggestions are greatly appreciated.

Thanks.
 
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IMHO, from what I have heard, one is not supposed to travel when H1 is pending. It is considered as abandoning of application.

Also there is a hassle with u'r i-94 being different from the one submitted while applying for H1 transfer.

But there is no choice as far as I know since the H1 transfer takes couple of months.
 
You can travel even your new H1B is pending

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.
 
Thank you

Thanks for your response. It is very helpful. I will definitely carry all the documents with me.

I have one more question.... my wife is also accompanying me. I haven't applied to update her status(I-539), due to my job-change. Are the unexpired visa & I-797 through my old employer enough? Can she travel?

Thanks ahead for your reply.
 
I am not sure for your wife. I gave feedback as I was same as on your boat and for me it worked out. But I believe if she is on H4 and it is valid then it should not be problem.
If INS askes at the port of entry for new visa or any thing related to that you can tell them I am still working for old employer and I have applied for new H1B. You must show your new H1B approval(I797A).
I gave them only my passport at the port of entry and no other papers. I would suggest show only passport and if they ask anything then show your paper.
Best of luck.
 
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Re:amxmjs

So, how would one update the I-94 that was used when applying for H1-B.


Jim/Jaxen mentioned on this board that we need to ask the officer at POE to give the same I-94 # .

Is that true?

If s/he doesn't give the same i-94 #, is there any option.
 
Thanks

amxmjs,

I appreciate your help. We are leaving on Nov 8 (Fri) & returning Nov 17 (Sun). We got the 'Ireland Visitors Visas'. Hope there will be no problems returning to U.S after visiting my sister's family & my parents(came to visit her from India).

Have a nice day!!!
 
PriyaGC,
I am not expert on immigration but I-94 is not a problem as far as you have valid I-94.
1) I applied for new H1B visa and went to UK. When I went to UK I gave them my I-94 whose copy I send for new H1B. Once I came back I got new I-94. I believe there should not be problem as when you apply for new H1B, INS sends you new I-94.
Ideally you will have two I-94 when you get your new H1B. One when you enter USA and one from INS. Now after you get approval when you leave usa, one should give both I-94 to INS.
2) FYI: I came to USA on B1/B2 visa. When I entered I got I-94. My company changed my status to H1B and I got new I-94 with my new approval. When I went back to India, I gave both I-94 at departure time. I also got another I-94 when I enter to USA.

Also you can visit web site http://usembassy.state.gov/seoul/wwwh1460.html where they say that one can reenter USA with old H1B stamp and new H1B approval(I797A) after leaving USA.

I hope I gave your answer. If you need more information, let me know.
 
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