Travel during H1b transfer?

pvenigalla

By pvenigalla,
in H1B : General

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pvenigalla Member

pvenigalla

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I am currently on H1 with Company A and I have an offer with Company B. Company B initiated the transfer process and I have received the receipt for H1B. I gave two weeks notice in company A. I have one week gap to join company B. In the meantime I need to go to India. My question is Can I go to India after leaving company A and before joining company B. Will there be a problem at port of entry?

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wiweq Advanced Member

wiweq

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Most likely: If your H1b approves when you are out of USA, your H1b status extension will be denied. This means you won't get I94 attached with your I-797. You may be forced to do consular processing. Once you are out of USA, you are not in H1b status. For COS or extension it’s necessary that you are in-status. The other option is stay in India until your new h1b approves, re-enter using your new I797.

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