Travel during h1b trasfer process is pending


rishaan07

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I have never been to US and currently working for  the company A in India. I am holding the approved visa stamped on my passport and valid petition that will expire in Dec-2013 from company A. I wanted to join in company B and company B has started the premium  visa transfer processing which is currently in pending to respond RFE. Meanwhile, my current employer (Company A) is asking me to travel to US immediately. 

 

My question is, Is it allowed to travel to US in the present situation i.e with the company A's visa to work for company A itself while the company B's visa petittion is in pending status ( yet to respond to RFE)? Please help me.

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I have never been to US and currently working for  the company A in India. I am holding the approved visa stamped on my passport and valid petition that will expire in Dec-2013 from company A. I wanted to join in company B and company B has started the premium  visa transfer processing which is currently in pending to respond RFE. Meanwhile, my current employer (Company A) is asking me to travel to US immediately. 
 
My question is, Is it allowed to travel to US in the present situation i.e with the company A's visa to work for company A itself while the company B's visa petittion is in pending status ( yet to respond to RFE)? Please help me.

 

I do not think it is a good idea to travel when your H1B transfer is pending as this would generate a new I94 with a different serial number than what is submitted for H1B transfer.

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Could you please tell if this at all legal to travel as H1B transfer is pending with company B? Because i have approved visa from company A and wanted to travel through A it self.

What will be issues if i travel? 

I am sorry for my above answer. I mistook you to be in US already. If your intention is to work for employer A in US then you can travel with your unexpired H1B visa and I797 from employer A. But, if your intention is to work for employer B in US then you need to get new I797 for employer B and travel with your unexpired H1B visa.

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