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Sairamsrilekha

Travel during H1B transfer with existing h1B stamp till 2022

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Hi,

I have a H1B- stamp till 2022 with my current employer . I recently got an offer from employer B and they initiated H1B transfer in premium.

Please help answer below two questions:

  • Can I travel to India while the premium transfer is in process? If Yes, say premium gets approved when in India- can I enter back with current H1-B stamp? (current employer didnt cancel h1-B)
  • If I travel once premium transfer to new company is approved with new 797A , can I enter back with old H1B stamp? (say current employer didnt cancel the H1-B)

Thanks,

Sri

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48 minutes ago, Sairamsrilekha said:

Hi,

I have a H1B- stamp till 2022 with my current employer . I recently got an offer from employer B and they initiated H1B transfer in premium.

Please help answer below two questions:

  • Can I travel to India while the premium transfer is in process? If Yes, say premium gets approved when in India- can I enter back with current H1-B stamp? (current employer didnt cancel h1-B)
  • If I travel once premium transfer to new company is approved with new 797A , can I enter back with old H1B stamp? (say current employer didnt cancel the H1-B)

Thanks,

Sri

1. Yes. Yes and it is better to have most recent H1b stamped on H1b. However you will need I-797 approval form for that and that approval form will be US with your employer so it may not be feasible to you.

2. See #1

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1. You can travel, but its advisable not to travel with a pending application unless its a real emergency. 

2. Yes, you can use you old employer visa stamp to travel with new employer I797.

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If you resign from the current employer the employer has to inform USCIS that you no longer work there, which will result in revocation of the H1 petition (not the visa.)

You can always travel with the old, still valid visa (it doesn't get revoked when the H1 petition is revoked, visa and petition are two different things) and a copy of the new approval notice.

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