Travel on H1b Transfer

[ShivaRoy 0]

So I have an h1b stamped till 2022, lost my current job and found a new one, petition filed for transfer on 60th day ( FedEx receipt received from employer).

I have the old i 797A. Now I have to travel to Canada to validate my PR within the next 6 weeks, can I do so if I get the new I797C? 

Can I travel and re-enter? 

Fyi, the old employer might have revoked my H1B.

[gopalakrishnach 0]

First of all I feel you  need USCIS receipt for 60 days rule not Fedex. Please look into that.

Once you get new H1B approval you can go to Canada and come back before your stamped visa expires. Do not forget to carry your passport with valid visa stamped and new I797 approval notice.

[Zodiac System 0]

No, You cannot travel with your new I-797C (Receipt notice). Have you considered upgrading your case to premium?

You many be able to travel with your old visa stamp but it is risky.

 

Let us see what other experts advise.

 

[ShivaRoy 0]

On 8/28/2020 at 1:19 PM, Zodiac System said:

No, You cannot travel with your new I-797C (Receipt notice). Have you considered upgrading your case to premium?

You many be able to travel with your old visa stamp but it is risky.

 

Let us see what other experts advise.

well they are not letting me do premium because they filed for a level 1 wage 

[Zodiac System 0]

11 hours ago, ShivaRoy said:

well they are not letting me do premium because they filed for a level 1 wage 

Check with an attorney if it is possible to request for premium filing, as well as upgrade your petition to Level II wages at the same time  (but this process may be complicated, involves lot of factors like your qualifications, no. of years of experience, job description with moderately complex tasks etc.).  

 

• H1B Wage Level 1 : This wage level is for entry level H1B workers with basic understanding of job.
• H1B Wage Level 2: This wage level is for qualified workers with education, experience and who can perform moderate tasks with limited judgment.

 

 

Edited September 4, 2020 by Zodiac System