Travelling to India when H1B transfer in progress

[shykathir]

Can I travel to India when my H1B transfer from Emp A to B is happening....

Can I goto India and come back and Join Emp B once H1 transfer is approved....

My H1 transfer in progress and expected to get approval in another 2 weeks and I would like to visit india and come back and join Emp B....

Is it possible or any issue???

[wiweq]

"Can I travel to India when my H1B transfer from Emp A to B is happening...."

=> For any kind of COS or extension, you HAVE to be present in USA. You are not present in USA, you are not on H1b, what will they extend? Your H1b may approval but extension will be failed, means no I94 attached with I797.

Best bet: Either plan to leave USA after H1b approval with extension or stay in India till your H1b is approved. You will get the new extended date on your I94 at POE.

[pontevecchio]

Do you have a valid H1 visa?

[SD24]

Hi,

 

I am in a similar situation.

 

I have a valid H1B visa till Aug 2016, and my I-94 is valid till June 2016 from Company A.

 

I have resigned from company A and joined Company B on the basis of H1B transfer receipt number.

The transfer went into RFE due to some client letter. My questions are:

 

1. Can I travel to India while my H1B is in RFE status?

 

2. I believe I can re- enter US with my previous Visa from Company A and with new I-797 from Cmpany B, after H1B transfer gets approved from Company B. But, what will happen at the POE, if Company A cancelled my Visa?

 

3. Will there be any impact on my H1B approval if I travel to India?

 

Appreciate your guidance on this.

 

Thanks,

SD

[rahul412]

 

1. Can I travel to India while my H1B is in RFE status?

 

2. I believe I can re- enter US with my previous Visa from Company A and with new I-797 from Cmpany B, after H1B transfer gets approved from Company B. But, what will happen at the POE, if Company A cancelled my Visa?

 

3. Will there be any impact on my H1B approval if I travel to India?

1. Yes, you can

2. A cannot cancel your visa, they can revoke your H1 petition but not visa.

3. No

 

Its better to travel after H1 approval.