Travel Outside US while H1-B and H4 Visa Transfer is in Process

[Ganesh Sharma]

Hello,

 

I work for company A and I have valid H1-B visa stamping until Sep 1, 2020. I got an offer from company B and company B applied for my H1-B visa transfer. I got an RFE and currently it's in RFE status. Company B is going to reply RFE on November 18th. My wife is travelling to India on November 13th and will return back on January 12th. I will be also travelling to India on December 19th and will return back on January 12th. I am planning to Join company B once i return back from India. 

 

1. Is it OK to travel out side of US when my H1-B transfer is in process and during RFE?

2. Is it OK my wife to travel to India when her H4 visa transfer is in process?

3. Is it OK if i get approval before December but i do not join company B and travel with our current Visa?

4. Will there be any impact on my current Visa and re-entry in US if me and my wife travel in any of the above cases?

 

Thanks,

GS

[pontevecchio]

1. Yes. Nothing gets transferred. B files a NON CAP H1 petition for you and if approved, you can join B.

2. Visa is a stamp in the passport. As regards H4 Extensions, one has the choice of leaving and returning with the H4 visa and the latest H1 approval.

3. Yes.

4. ???????????

An existing H1 visa can be used with a H1 petition approval from B in order to come back.