URGENT: Travel outside US during H1B transfer


sanjayksai

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I know you may have come across this question earlier, but I read through a lot of forums on various and did not see a satisfactory answer for my situation, so here we go:

I work for company A full time and my I-797 and I-94 have expiry date until October 2015 or something. I have an offer from Company B, and I am planning to quit company A soon. However, I have a Europe travel planned between 26th Feb and 9th March. Now, should I move to B before travelling or after coming back. I am afraid if I delay the move too much, then the offer might not hold that long. If i start the process now, then i am scared if I can travel with a pending H1B transfer. Please help.

 

Thanks

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I know you may have come across this question earlier, but I read through a lot of forums on various and did not see a satisfactory answer for my situation, so here we go:

I work for company A full time and my I-797 and I-94 have expiry date until October 2015 or something. I have an offer from Company B, and I am planning to quit company A soon. However, I have a Europe travel planned between 26th Feb and 9th March. Now, should I move to B before travelling or after coming back. I am afraid if I delay the move too much, then the offer might not hold that long. If i start the process now, then i am scared if I can travel with a pending H1B transfer. Please help.

 

Thanks

If you are planning to join company B based on H1B petition receipt notice then you would need to have it approved before you plan to enter US. If your are working with company A and cap exempt H1B petition is filed by company B then you can enter with a valid H1B visa and company A's I797. 

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" If your are working with company A and cap exempt H1B petition is filed by company B then you can enter with a valid H1B visa and company A's I797."

 

Clarification: You are saying, company B can file for my cap exempt H1B transfer (and the process might still be in progress during my travel and even when i return), but I can still travel and enter using company A's I797? Sorry just want to make sure. 
 

Also some1 suggested, getting the labour certification done before leaving US, and then coming back and then doing the H1B transfer. Is that something sensible?
 

 

Sanjay

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" If your are working with company A and cap exempt H1B petition is filed by company B then you can enter with a valid H1B visa and company A's I797."

 

Clarification: You are saying, company B can file for my cap exempt H1B transfer (and the process might still be in progress during my travel and even when i return), but I can still travel and enter using company A's I797? Sorry just want to make sure. 

 

Also some1 suggested, getting the labour certification done before leaving US, and then coming back and then doing the H1B transfer. Is that something sensible?

 

 

Sanjay

Yes, as long as your are working with company A you can enter with a valid H1B visa and company A's I797 even though company B has filed a cap exempt H1B petition.

Yes, you could go with the second option too.

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Hi, 

 

One last question. Lets say company B apply's for my transfer and I get the labor certification done before I travel. And let's say I quit company A before I travel. Will I have problems entering the US, given that I am no longer employed with company A, but employed with company B (only with labor done, and actual transfer still pending)?

 

Thanks

Sanjay

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Hi, 

 

One last question. Lets say company B apply's for my transfer and I get the labor certification done before I travel. And let's say I quit company A before I travel. Will I have problems entering the US, given that I am no longer employed with company A, but employed with company B (only with labor done, and actual transfer still pending)?

 

Thanks

Sanjay

In this situation without employer B's I797 you cannot enter US.

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