Travelling to India while H1B Transfer process is initiated - Urgent

[sandeepnarla]

Hello,

I am currently working Full-time as Electrical Engineer for Company A since 2 and half yrs and have H1 visa stamp on passport up to Sep 2014. I am travelling to India this december 2012 and will be back in January 2013. I have a new offer from Company B and they are ready to transfer H1 and do the transfer initiation this week or next week. I am not sure when will I get the approval as it may take 4 to 8 wks. But I may get the receipt of the petition to USCIS from company B. But my job at the company A will be there until I start the job at Company B just that I will be on Paid Vacation leave all December.

I have questions regarding the re-entry into US, when I come back in January or for some reason If i want to come back to US in Mid-December itself.

1) what documents will the Immigration officer need at the port of entry other than the following documents.

a) H1 Visa stamp on Company A

b) I-797 Approval form on Company A

c) Recent pay stubs from Company A

2) I am not sure If I will get the I797 approval of Company B if I come back to US in Mid-december itself. Will the Immigration officer know that I have applied for H1B transfer to USCIS.

Please reply your suggestions ASAP, I am planning to book my india tickets soon and start the H1b initiation with the new company. Thank you for the information.

[testuser968]

At anytime if you travel outside US while H1 transfer with extension of stay in process/pending then you voluntarily withdrawing extension of stay option.

If you havn't received transfer approval while returning from India, if at all you want to join employer B they need re-file your H1 transfer petition which cost same amount of money and effort.