Urgent Help- Laid off,H1b Transfer and India Travel

[krisvijay]

Hi Friends

I was laid off from my Full Time job recently. My 6 year period ends in Oct 2013. I have stamping till OCt 2013 and got my I-140 approved.

I am applying for H1 B transfer in premium with a different company.

My question is

I am traveling to India from April 26 th to May 18 for my marriage. Since I dont have a PO yet they are applying putting internal client for transfer.

Worst case, if I didnt get my I-797 before my return , can I come back from India with the old I-797 and if the Officer asks can I tell him I am changing employers and its under process. Does he validate the I-797 at the port of entry.

Please provide your suggestions.

Thanks

Kris

[rahul412]

Your current 797 is invalid since you lost that job.

When you enter in US with H1 you need to show the proof of employment and valid 797. So in your case 797 is missing.

And you cannot enter with the old 797 since you doesn't have that job.

Wait for approval...!!!

BTW, did you said 'internal client'?? I hope you didn't pay for the H1 processing.

[t75]

You may only enter on the approval of the company for which you intend to work. Your story will get you on the next plane back.

[wiweq]

"Since I dont have a PO yet they are applying putting internal client for transfer"

=> There is nothing called internal client in the consulting world. If your employer is not classified as consulting, they should have some product. If they are classified as consulting firm, be ready for RFE and most likely denials.

[Attorney_25]

There is a way to travel on "portability" if the new employer's petition has already been filed and you have the receipt, but in your case it sounds like your new petition has not yet been filed.

[krisvijay]

My new employer is applying the H1 transfer in regular since I don't have a project yet.He is saying I will get a RFQ if applied in premium. He is saying while returning back from India I can show the valid visa and transfer receipt at POE if asked.

Please advise.

[rahul412]

He is saying I will get a RFQ if applied in premium. He is saying while returning back from India I can show the valid visa and transfer receipt at POE if asked.

Regular or premium, if you don't submit the required docs you will receive RFE.

I doubt whether you can enter with transfer receipt. I never heard about it.