Travelling while H1B transfer in process

[worriedson]

Hi,

I am currently working with Employer A. Current H1B visa expires in Sep 2017. 3-year extension and I-140 is approved with employer A.

Recently I accepted a job offer from Employer B and planning to join B in late November in order to keep my priority date. My LCA is in process and they are going to file my H1B petition soon.

In the midst of all this, I want to visit India around Thanksgiving. Premium processing being temporarily suspended, I am not sure if I will have the I-797 approval in hand before my trip. If I get it early enough, I will give my two week notice to Employer A, go to India, get Employer B visa stamp, return to US and start working with Employer B. All good.

My real question is, what if my petition is still pending and I visit India? In that case, I won't be able to leave company A before I return from my trip. My B lawyer said, I could visit India, get Employer A visa stamp, return to US and join A, immediately give two week notice to A and then join B. But,
1. What if Employer B petition gets approved while I am in India? Would I have a problem getting stamped?
2. If I go with my above plan and at POE I show Employer A approval I-94, does it mean my Employer B I-94 (if approved while I am in India) is invalid now?
3. Should I ask Employer B to delay filing my petition? This way, I surely won't have approval during my trip and I can join B on receipt notice.

What would be the best suggestion in my case?

Thanks,

[pontevecchio]

1. It depends on company credibility as to whether it is a know American Company or a 2 man outfit in a suburban NJ basement.

2. In this case you would still use the A documents and work for them for the notice period and then leave and return with the H1 visa.

3. Up to you. NEVER second guess what a lawyer has told you in a forum of lay people.

[worriedson]

17 hours ago, pontevecchio said:

1. It depends on company credibility as to whether it is a know American Company or a 2 man outfit in a suburban NJ basement.

2. In this case you would still use the A documents and work for them for the notice period and then leave and return with the H1 visa.

3. Up to you. NEVER second guess what a lawyer has told you in a forum of lay people.

Thanks pontevecchio for your reply.

1. Both the companies have 10,000+ employees.

2. Do you mean after the notice period I leave US, and return with an updated I-94 per B approval notice?

[Schand16]

I regularly follow this forum for various inputs. Now, am approaching for one of my situation that came up all of sudden,

I have valid VISA till 05/31/2019 and an employee of ABC firm. Last month I got an offer from XYZ employer, I have accepted and had initiated my H1B transfer with XYZ employer. Two days ago only I have recieved my Receipt number, expecting days or month for final decision.

But, unfortunately I may have to travel to India for personal reason in next 10 days. In this case:

A) can I travel back to US with my current VISA that I have from ABC Employer?.

B) If I cant or my reentry would be questioned at POE, what would be preparations?.

C) I can only be enter US after I get my new petition and get VISA accordingly?.

[rocky1409]

@schand16

Hi, Did you travel without any issues? I'm in the same situation.

Got a job offer with employer B, got an H1B receipt. 

Planning to travel and come back with current employer (have a valid visa stamped). Give them 2 weeks notice and join employer B