H1b transfer is under process and need to visit India

[vsiajmd]

Hi,

I have a valid stamped visa from employer A till Sep 2015. Recently employer B has filed for H1B transfer and its under process.

Now I have to go to India due to family emergency. 

 

In this situation I wanted to ask following questions. Please advise, reply would be appreciated.

1. Can I travel out of US when my H1B Transfer is in process?

2. What will happen if I leave US before my H1B transfer is approved and I get an RFE when I am in India? Will there be any problem?

Please help!!!...

Thanks

[smvisa]

At least carry the receipt (I-797) of your transfer petition. It is preferable if you don't travel unless it is approved, but legally you can travel with only the receipt and previously approved petition. 

[jairichi]

Hi,

I have a valid stamped visa from employer A till Sep 2015. Recently employer B has filed for H1B transfer and its under process.

Now I have to go to India due to family emergency. 

 

In this situation I wanted to ask following questions. Please advise, reply would be appreciated.

1. Can I travel out of US when my H1B Transfer is in process?

2. What will happen if I leave US before my H1B transfer is approved and I get an RFE when I am in India? Will there be any problem?

Please help!!!...

Thanks

Are you still working for employer A? If yes then,

1. Yes, you can.

2. Depends on RFE. Your employer's attorney would respond to it.

[PositiveThinking]

1. Yes You can travel to India when you have a valid H1 B stamp in your passport. Just make sure that your previous employer has not revoked your H1 B that is valid till 2015. As long as it is valid you can still go to india when transfer is in process.

 

2. You can still come back on your previous employers H1 B valid visa stamp as long as H1 B is not revoked. Consult your attorney before you leave.

 

Good Luck !

[jairichi]

 

2. You can still come back on your previous employers H1 B valid visa stamp as long as H1 B is not revoked. Consult your attorney before you leave.

 

If at POE immigration officer decides to cross check with employer A and if employer A answers that OP is not working for them anymore OP has to face the consequence of being deported and possible ban. Valid visa from old employer is fine but not old I797 if no longer working for old employer.

[vsiajmd]

Thanks a lot guys.

 

Jairichi->  Yes I am still working with employer A.
 

 

Today I checked the status and I got RFE and heard that if its get approved while I am out of United States then there can be a I-94 issue.

 

But Now as I got RFE then I believe I should continue the process once I come back to States, from this I can avoid the I-94 issue and will continue the process by submit new I-94 along with RFE documents.

 

Please advise, Am I thinking right?

 

Thanks a lot!

[jairichi]

Thanks a lot guys.

 

Jairichi->  Yes I am still working with employer A.

 

 

Today I checked the status and I got RFE and heard that if its get approved while I am out of United States then there can be a I-94 issue.

 

But Now as I got RFE then I believe I should continue the process once I come back to States, from this I can avoid the I-94 issue and will continue the process by submit new I-94 along with RFE documents.

 

Please advise, Am I thinking right?

 

Thanks a lot!

If H1B petition with new employer is approved when you are out of US you can enter with a valid H1B visa and new employer's I797.

[vsiajmd]

If H1B petition with new employer is approved when you are out of US you can enter with a valid H1B visa and new employer's I797.

 

Suppose new petition gets approved then Can't I enter from old I-797 ??  as by the time I will be returning to USA I still working with employer A.

 

Thanks

[jairichi]

Suppose new petition gets approved then Can't I enter from old I-797 ??  as by the time I will be returning to USA I still working with employer A.

 

Thanks

Yes, if you are still working with employer A you can use that I797 at POE to enter US.

[smsb0709]

HI,

 

Please can some one help me with the answer.

 

My current Visa status is H-1B with a valid stamp which is expiring in October 2014. I would like to apply for the extension with my current employer or i may transfer the H-1B to a new employer in few months.  I am planning to visit India before September 2014. Can I be able to get the Visa Stamped for the approved H-1B extension or H-1B transfer, before the expiration of the current visa and stamping period. If i can do that, how many days before the expiration of my current visa stamp i can go for the visa interview. 

 

Thanks in Advance

 

--- Msb

[jairichi]

HI,

 

Please can some one help me with the answer.

 

My current Visa status is H-1B with a valid stamp which is expiring in October 2014. I would like to apply for the extension with my current employer or i may transfer the H-1B to a new employer in few months.  I am planning to visit India before September 2014. Can I be able to get the Visa Stamped for the approved H-1B extension or H-1B transfer, before the expiration of the current visa and stamping period. If i can do that, how many days before the expiration of my current visa stamp i can go for the visa interview. 

 

Thanks in Advance

 

--- Msb

Yes, you can do that. Since you are visiting India in September you can apply for a H1B visa using your new I797 approval notice and H1B related documents.