Travelling during H1 Transfer

D

dave78

New Member
Hi folks,

I have a H1-B visa (I797 and stamp) and currently working for a company. I applied for a transfer and it is still being processed but for some family emergency, I have to travel out of USA. I have my concerns about my return as some people have suggested that I will need the new H1 to enter, whereas some have suggested that as I currently have everything valid, I will be able to enter back.

My question is, if I do get the new I-797 while I am out of the country, should I travel back on the new one or use the existing one as I am taking a letter of continued employment with me. And if I dont get the new one before coming back, how will it effect my getting a new I-94 upon entering back in USA. My wife will be travelling with me.

Any help would be much appreciated.

Regards!
 
Ideally You can

Hello,
If you have not already joined the second company that has filed your h1 transfer, You can very well get into the country.

You must claim that although you have applied for transfer, you have not yet joined the new company. That is all.

Suppose if you have already joined the new company, then you would have to get the new h1, get it stamped and only then travel. However even after you joining your new company, if you can proove the USCIS that you have not yet joined the new company- that should be OK. provided if they dont ask you to show the pay stubs.
Hope you got the scenarios.
All the best.

-------------------------------
Me is not an attorney or legal consultant. So you must take appropriate advise.

Cheers,
N
 
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