Need Help regarding Travelling outside US while H1B transfer is in process

[jahnavi16]

Hi everyone,

 

Can someone please help me with the following situation ?

 

I have a valid H1B visa with employer A until Sept 2015. But I am transferring my H1B to employer B. And I am going to work with employer B. I do not have a stamped H1 visa on my passport as I have not travelled out of USA with H1B visa yet. 

 

I have to travel to India in the end of May. If I do not get an RFE, my visa should be approved within 15 business days and that should not be a problem for me to travel.

 

But if I get RFE, the process will be delayed. 

 

Can I still travel while my H1B transfer is still in progress ? Can I wait in India until the petition is approved and then go for stamping in India ?

 

What is the consequence that I face if I travel while H1B transfer is still in process ?

 

Thanks a lot for your help. 

 

 

[jairichi]

Hi everyone,

 

Can someone please help me with the following situation ?

 

I have a valid H1B visa with employer A until Sept 2015. But I am transferring my H1B to employer B. And I am going to work with employer B. I do not have a stamped H1 visa on my passport as I have not travelled out of USA with H1B visa yet. 

 

I have to travel to India in the end of May. If I do not get an RFE, my visa should be approved within 15 business days and that should not be a problem for me to travel.

 

But if I get RFE, the process will be delayed. 

 

Can I still travel while my H1B transfer is still in progress ? Can I wait in India until the petition is approved and then go for stamping in India ?

 

What is the consequence that I face if I travel while H1B transfer is still in process ?

 

Thanks a lot for your help. 

If you have started working for employer B you cannot enter without employer B's H1B petition approval. Otherwise you are fine.

[hightech]

Yes you can travel while on its process and would attend for stamping once it's approved.