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vj4u

Travel to USA when H1 transfer is pending with USCIS

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I have valid H1 Visa until a future date with employer A. Employer B has filed an H1 transfer for me and an RFE is issued for the H1 transfer. We are yet to respond to RFE. I already started working with employer B quitting my job with employer A. My visa is valid with my old employer-A and I have the H1 transfer receipt notice with me.

Meanwhile, I need to travel to my home country immediately on emergency. Will it be a problem at POE, if I return to US now.

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You would not be able to return to the US until the H1 petition with B is approved.

 

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Employer A petition should no longer be valid. When you quit, they are required by law to inform USCIS that you no longer work with them and cancel the petition. If they want to hire you back, they should re-file, and pay for, a new petition. 

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Thanks for your responses.

The client which I work for want me to return US and join work soon. So, if I try to return to US, are there any chances of me letting in at POE? Is it suggestible to take a chance?

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I am sorry you will not be able to enter unless your petition is approved. If you decide to travel, you may be turned back at the POE. It is better to wait for the approval. This was a question you should have asked prior to the travel. Even though your plans might not have change, you could have set realistic expectation with the client.

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On 10/5/2018 at 2:50 PM, vj4u said:

Thanks for your responses.

The client which I work for want me to return US and join work soon. So, if I try to return to US, are there any chances of me letting in at POE? Is it suggestible to take a chance?

 Trying to enter without an approved H1 from B would be immigration fraud. You would get sent back, and you risk getting a lifelong ban.

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A followup to the previous question:

As my current visa is valid until a future date with employer A, do I need to go for visa stamping after the transfer to employer B is approved or existing visa will suffice ? We have requested for same validity as with the employer A while applying for H1 transfer with employer B (not an extension). 

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You can use the existing, valid visa together with a copy of the new H1 approval notice.

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