H1b transfer from 7 months and travelling to India

[ilovemyself2]

Hi,

 

My H1b transfer is in progress from past 7 months and I am going to India next month but won't be back until March,2016. I do have H1b stamp until Sep2016 (based on previous I797).

I see current processing time at Vermont is May25th. USCIS received my package on June 8th,2015.

 

Should I go for premium processing at this point or wait until February?

Is it necessary to go to stamping again once H1b transfer approved?

If not necessary, Is it okay to enter US with previous I797 and Tell them my case is in process from 7 months and carry the receipt?

Anyone had trouble at POE ?

 

Please suggest.

 

Thanks.

[jairichi]

You can use the valid H1B visa. To enter US, along with that you need a valid I797.

[ilovemyself2]

Yes. But my current transfer is in progress. I just have receipt of it. Should I carry my previous I797 which is associated with my H1b stamp?

[jairichi]

Yes. But my current transfer is in progress. I just have receipt of it. Should I carry my previous I797 which is associated with my H1b stamp?

If you plan to work for the employer for whom the transfer is in progress you need that petition approval.

[ilovemyself2]

Yes. That's correct.

In POE point, Is an employee is not allowed into US while the case is in progress?

What happens if the case is still in pending while I am coming back to US? Will they not allow, even though I have H1b stamping?

What happens if I get a RFE and I try to enter US?

If its denied, I understand, I cannot enter US.

[jairichi]

Yes. That's correct.

In POE point, Is an employee is not allowed into US while the case is in progress?

What happens if the case is still in pending while I am coming back to US? Will they not allow, even though I have H1b stamping?

What happens if I get a RFE and I try to enter US?

If its denied, I understand, I cannot enter US.

Without an I797 you cannot enter US. You will be denied entry.