Change of employer and Travel outside of US

[champswc2011]

My friend is in the process of changing employers from A to B. He received the receipt( not approval) for employer B petition and starting working for them since Aug 18. He has a family emergency now. Can he travel outside of US and come back without any issues during the h1b transfer process. He has valid US H1b visa until March 2015. What to show for the valid i797 at the POE? Is receipt notice good enough ?

[jairichi]

Since he started working for employer B he can travel back only if employer's B petition is approved i.e. he needs I797 from employer B to show at POE.

[rahul412]

My friend is in the process of changing employers from A to B. He received the receipt( not approval) for employer B petition and starting working for them since Aug 18. He has a family emergency now. Can he travel outside of US and come back without any issues during the h1b transfer process. He has valid US H1b visa until March 2015. What to show for the valid i797 at the POE? Is receipt notice good enough ?

Since you have started working for B, I guess you need B's 797.

[champswc2011]

Since you have started working for B, I guess you need B's 797.

thank you. I let him know.

[MyProfile4]

If you travel out of country while the H1 petition is still in processing, you may have to go to visa stamping once you get I-797B. I think you will get I-797B without I94.

[jairichi]

If you travel out of country while the H1 petition is still in processing, you may have to go to visa stamping once you get I-797B. I think you will get I-797B without I94.

OP's friend has a valid H1B visa till March 2015. So, only requirement is employer B's I797.

[pontevecchio]

Once the OP has got his petition approved for the new company, he can return using the existing visa.

[champswc2011]

my friend went to India on Tuesday(8/26)and return to US last night.  I will post more info on this.

[champswc2011]

my friend went to India on Tuesday(8/26)and return to US last night.  I will post more info on this.

Scenario:

 

 

 

 

My friend is in the process of changing employers from A to B. He received the receipt( not approval) for employer B petition and starting working for them since Aug 18. He has a family emergency now. Can he travel outside of US and come back without any issues during the h1b transfer process. He has valid US H1b visa until March 2015. What to show for the valid i797 at the POE? Is receipt notice good enough ?

 

my friend went to India on Tuesday(8/26)and return to US last night(9/1).  I will post more info on this.

 

My friend who is working for Company B(with receipt notice not approval) was able to enter US while his Company B H1-B petition is still under processing.

He told his attorney gave him an USCIS memo and a letter explaining his scenario. I-94 is given until his visa expiry(visa on company A H1B).

He showed Company-B paystub, receipt notice, and an USCIS memo.

This is not a legal opinion. This is my friend's experience your experience may vary. 

[JoeF]

Scenario:

 

 

 

 

 

 

My friend who is working for Company B(with receipt notice not approval) was able to enter US while his Company B H1-B petition is still under processing.

He told his attorney gave him an USCIS memo and a letter explaining his scenario. I-94 is given until his visa expiry(visa on company A H1B).

He showed Company-B paystub, receipt notice, and an USCIS memo.

This is not a legal opinion. This is my friend's experience your experience may vary. 

I

t would be interesting to know which memo that is. I am not aware of a memo that would allow returning to the US in the situation described. I may have missed it.

[champswc2011]

I

t would be interesting to know which memo that is. I am not aware of a memo that would allow returning to the US in the situation described. I may have missed it.

I am not sure too. I have to check with him.