Can enter US during H1B my transfer in progress

[chelvan.thamizh@gmail.com]

Hi Expert,

I got my H1B during by Dec  2013 and entered in to US by Jan2014 and I was working for employer A till March 2014 , as the project, which I was working came to an end and hence I came to back to India. Now I got an offer from another employer B , he filled for a transfer of Visa and the status is RFE, I have below query in my mind

 

1. Is it possible for me to enter US ,when the transfer status is in RFE as I have valid I-94.

2. Incase the transfer is rejected what will be my H1B visa status of employer-A and if decided to stay with employer- A is is it possible to travel back to US through my current employer -A.

 

Thanks in advance for your support.

 

BR
Tamil

 

[jairichi]

Hi Expert,

I got my H1B during by Dec  2013 and entered in to US by Jan2014 and I was working for employer A till March 2014 , as the project, which I was working came to an end and hence I came to back to India. Now I got an offer from another employer B , he filled for a transfer of Visa and the status is RFE, I have below query in my mind

 

1. Is it possible for me to enter US ,when the transfer status is in RFE as I have valid I-94.

2. Incase the transfer is rejected what will be my H1B visa status of employer-A and if decided to stay with employer- A is is it possible to travel back to US through my current employer -A.

 

Thanks in advance for your support.

 

BR

Tamil

1. If you want to join employer B then you cannot.

2. As long as employer A does not reject your H1B petition you can travel with valid H1B visa and I797.

[JoeF]

Hi Expert,

I got my H1B during by Dec  2013 and entered in to US by Jan2014 and I was working for employer A till March 2014 , as the project, which I was working came to an end and hence I came to back to India. Now I got an offer from another employer B , he filled for a transfer of Visa and the status is RFE, I have below query in my mind

 

1. Is it possible for me to enter US ,when the transfer status is in RFE as I have valid I-94.

2. Incase the transfer is rejected what will be my H1B visa status of employer-A and if decided to stay with employer- A is is it possible to travel back to US through my current employer -A.

 

Thanks in advance for your support.

 

BR

Tamil

 

You don't have a valid I-94 if you left the country. You may mean visa.

If you continue with employer A, then you can enter with the current H1 visa.

You can NOT enter on that visa and go working for company B.

Once the H1 from company B is approved, you can enter with the current valid H1 visa AND a copy of the approval notice from company B, to start working for company B.

[chelvan.thamizh@gmail.com]

1. If you want to join employer B then you cannot.

2. As long as employer A does not reject your H1B petition you can travel with valid H1B visa and I797.

Hi Thanks for the reply,

How I can check whether my employer A rejected my petition  or not.

 

BR

Tamil

[jairichi]

Hi Thanks for the reply,

How I can check whether my employer A rejected my petition  or not.

 

BR

Tamil

Ask employer A whether they have revoked your H1B petition.

[JoeF]

Hi Thanks for the reply,

How I can check whether my employer A rejected my petition  or not.

 

BR

Tamil

Again, unless you are going to work with company A, you can NOT enter with the H1.

If you don't work with company A anymore, they by law have to inform USCIS, and their H1 petition will have been revoked.