New I797 never received, can I travel with the courtesy copy?

[aabhas]

Hello all, and thanks in advance for reading this.

 

I have a valid visa stamp (unexpired) from employer A.

I quit employer A 3 months ago, and got approved for the transfer to employer B, and have been employed with employer B since then.

 

The lawyers for employer B received the I797-C (courtesy copy), but the original I797 was never received. I have the copy of the I797C in my possession (and had it notarized).

 

I have upcoming international travel in 6 weeks, and was wondering if I can re-enter the US with the notarized I797-C and unexpired visa from employer A, and explain my scenario? Or is this a big NO NO and I should cancel my travels?

 

I'm worried that the duplicate I797 will take 3-6 months to come (the lawyers are following up with the USCIS directly), and that means I'll be sitting duck (no international travel) for the next 3-6 months due to a screw up by the USCIS.

 

Any input and past experience would greatly be appreciated!

Thanks

 

[sharin]

If you have unexpired visa from Employer A & Employer B is not consultant (i.e. you're not working out of Client office etc.) - I don't see any issue. My question is : Why don't you go for stamping if you already have I-797C? As Long as it shows H1b transfer approval, you should not face any issue for stamping through new employer.

 

Don't forget to carry all pay-stubs so far received from Employer B, receipt of H1-B transfer, original copy of the I797C in your possession (every non-immigrant should have original copy from USCIS by law, if employer/ lawyer is not giving original copy, you need to raise concerns), resignation letter forwarded by you to Employer A and last couple paystubs from Employer A.

 

If you're working for Consultant (Employer B), Client letter is MANDATORY. Also, you need to consider that your international trip is not long enough (like 2 months etc) to raise eye brows at port of entry.