Urgent - H1B Transfer - Travel to India

[vcln_murthy]

I have a visa from my Old Company which expires on Oct 2007 (I-94). Recently I transferred my H1 to my New Company and Not yet received I-797 (Approval) and I have the following documents
- Pay stubs (Old Company till March 2006)
- Pay stubs (New Company).
- New Company Offer Letter
- Complete H1 documents (old) company.

Currently I am planning to go India with my family for a short trip(10 days) and have few questions in this regard.

- Can we go ahead and plan my trip? Is it legal to come back with my Old company’s stamping?


- Is there any problem, if my old company cancels my H1B? I dont hv my new company’s I-797!!

- Is there any other documents, do I need to have?

Appreciate your kind response.

 

[dsugandhi]

I have a visa from my Old Company which expires on Oct 2007 (I-94). Recently I transferred my H1 to my New Company and Not yet received I-797 (Approval) and I have the following documents
- Pay stubs (Old Company till March 2006)
- Pay stubs (New Company).
- New Company Offer Letter
- Complete H1 documents (old) company.

Currently I am planning to go India with my family for a short trip(10 days) and have few questions in this regard.

- Can we go ahead and plan my trip? Is it legal to come back with my Old company’s stamping?


- Is there any problem, if my old company cancels my H1B? I dont hv my new company’s I-797!!

- Is there any other documents, do I need to have?

Appreciate your kind response.

The best practice is to come back on latest I-797 but as you don't have one, I would prefer to upgrade it to Premium processing. Premium processing will take about 15 days of time and then you would be all free but have to get VISA stamp before you enter to US.

Most important is last action by USCIS governs the status so if it is must to visit India then upgrade H1 to premium processing, get I-797 approval then apply for H1 visa stamping. That way you will not get any issue in future while processing GC.