H1B Transfer - Travel Related question

[Sujath]

Hello,

 

My H1B transfer is in progress from Company A to Company B. It got a RFE and company B is yet to respond to RFE. We have travel plans coming up in November. 

I have H1B Stamping from company A and is valid until 2025. I have NOT started working for company B yet. I said I will join company B after the transfer is successful.

With the RFE and upcoming travel, I informed company B that I will be joining them once we are back from the trip and they agreed to it.

Questions: Im looking at 2 scenarios:

1. My H1B transfer is still pending — can I re-enter USA with Company A’s visa stamp and Company A's I797 ?
2. My H1b transfer gets approved just before my travel or when I’m outside USA -  can I still use company A’s visa stamping and Company A's I797 to re-enter ? ( Im not sure if company B is going to share I797 in timely manner. Also, my joining date in company B is set to end of December once I’m back)

Also, my wife is working on H4 EAD with valid stamping until June 2025.  Can she travel and re-enter and continue her work on EAD without any issues during my H1 B process?

Could you please advice on the above scenarios.

Thank you in advance.

[Zodiac System]

Travel while any petition is pending adjudication is not advisable.  However if it is URGENT and you have to travel then: 

1)   Yes you can re-enter USA with company A's visa stamp as your status is still the same i.e. H1b.

2)    When do you plan to come back.   Best is to show new transfer H1b/I-797 from new employer at US Port of Immigration to avoid complications.

3)  Your wife can travel and continue to work on her current H4 EAD stamp.

Good Luck.

Edited November 2, 2023 by Zodiac System