working on H1B receipt and emergency travel outside USA

[h1b2000]

Hi,

So, I am working for employer A with a H1B valid till July 2018 ( stamped) .   I am moving to a new company who is in process (LCA filed) of transferring my h1B and I will be working with them on a receipt notice as premium processing is not an option currently.  

My questions:

1)  What is the category we belong to when there is a H1B transfer from employer A to B ?

I-129    Petition for A Nonimmigrant Worker    H-1B - Specialty occupation - Change of status in the U.S.     OR   I-129    Petition for A Nonimmigrant Worker    H-1B - Specialty occupation - Extension of stay in the U.S. 

2) I need to travel to India  in late November  for a wedding ( of my sibling), Assuming if my approval is still pending, can I travel on receipt notice ? I have Visa till July 2018 stamped.  ? if not, what are my options 

Note:  I have an approved I-140 for more than 180 days and a Canadian PR (if it matters/helps).

Thanks.

 

[h1b2000]

anyone?

[pontevecchio]

1. A transfer is a new non cap H1 petition.

2. Talk to your company Lawyer about a workaround.

[JoeF]

You can NOT come back until the H1 is approved. Then you can enter with your current valid visa and a copy of the new approval notice.

 

[h1b2000]

20 hours ago, pontevecchio said:

1. A transfer is a new non cap H1 petition.

2. Talk to your company Lawyer about a workaround.

 

1. Sorry I am  novice to the terminology

can you tell me which one out of the list below will I fall under? I need to check the processing time
 

I-129	Petition for A Nonimmigrant Worker	Blanket L	March 31, 2017
I-129	Petition for A Nonimmigrant Worker	E - Treaty traders and investors	February 9, 2017
I-129	Petition for A Nonimmigrant Worker	H-1B - Specialty occupation - Visa to be issued abroad	December 2, 2016
I-129	Petition for A Nonimmigrant Worker	H-1B - Specialty occupation - Change of status in the U.S.	December 2, 2016
I-129	Petition for A Nonimmigrant Worker	H-1B - Specialty occupation - Extension of stay in the U.S.	December 2, 2016
I-129	Petition for A Nonimmigrant Worker	H-2A - Temporary workers	March 31, 2017
I-129	Petition for A Nonimmigrant Worker	H-2B - Other temporary workers	March 31, 2017
I-129	Petition for A Nonimmigrant Worker	H-3 - Temporary trainees	March 15, 2017
I-129	Petition for A Nonimmigrant Worker	L - Intracompany transfers	March 31, 2017
I-129	Petition for A Nonimmigrant Worker	O - Extraordinary ability	March 31, 2017
I-129	Petition for A Nonimmigrant Worker	P - Athletes, artists, and entertainers	March 31, 2017
I-129	Petition for A Nonimmigrant Worker	Q - Cultural exchange visitors and exchange visitors participating in the Irish Peace process	March 15, 2017
I-129	Petition for A Nonimmigrant Worker	R - Religious occupation	December 15, 2016
I-129	Petition for A Nonimmigrant Worker	TN - North American Free Trade Agreement (NAFTA) professional	March 15, 2017

 

[h1b2000]

19 hours ago, JoeF said:

You can NOT come back until the H1 is approved. Then you can enter with your current valid visa and a copy of the new approval notice.

 

so, I do not go Out of status if I travel out of USA, correct? The catch is I can't return till it is approved.

 

Note: my current employer will revoke the H1B after I leave them.

 

[pontevecchio]

1. I-129, Extension of stay.

 I am puzzled as to  why you are involved instead of the employer.

2. It is/was possible to use your current visa and show the CBP the extension receipt and be allowed in. But in Trumplandia it could be a problem. Get a lawyer involved for their guidance on this matter.

3. Is there a company lawyer or not?

[JoeF]

1 hour ago, h1b2000 said:

so, I do not go Out of status if I travel out of USA, correct? The catch is I can't return till it is approved.

 

Note: my current employer will revoke the H1B after I leave them.

 

You are by definition not in any status if you are abroad. A person only has a status while in the US.

To enter the US in H1 status, you need to have an approved H1 petition from your employer, and a valid H1 visa (can have the old employer on it, with the new approval notice it is ok.)

H1 revocation by the old employer is irrelevant for you. Employers are required by law to inform USCIS if the person on H1 is no longer working there. This is an administrative requirement which has no meaning for you.

 

[pontevecchio]

1. As per Murthy chat, valid visa plus extension has been accepted in the past . hence talk to them about your predicament.