International travel and I-797


charleskorey

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Hi, 

I am with employer A currently and employer B is going to file my H1B petition in premium processing. Immediately after receiving the I-797 approval notice, I have plans to travel to India. I have valid visa stamped until Nov 2014 and I will be back in Aug 2014. At the port of entry, I intend to show this newly approved I-797 petition with employer B and the valid visa. 

My question is: Do I have to join employer B before I travel or is it okay if my joining date with them is after my arrival here? 
If I have to join before I travel, I will not have any paystubs to show at the port of entry. Will that be an issue? 

Your help is appreciated.

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Hi, 

I am with employer A currently and employer B is going to file my H1B petition in premium processing. Immediately after receiving the I-797 approval notice, I have plans to travel to India. I have valid visa stamped until Nov 2014 and I will be back in Aug 2014. At the port of entry, I intend to show this newly approved I-797 petition with employer B and the valid visa. 

My question is: Do I have to join employer B before I travel or is it okay if my joining date with them is after my arrival here? 

If I have to join before I travel, I will not have any paystubs to show at the port of entry. Will that be an issue? 

Your help is appreciated.

You are fine to travel with the intention to join B.

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You are fine to travel with the intention to join B.

 

Hi Jairichi,

 

Thank you for your response. I thought that I will have to show the I-797 approval notice at POE for the employer I am currently working for. As per what you say, I can travel with intention to join B but wouldn't that create issues in continuity of employment from employer A to employer B, assuming I have already resigned from employer A before I travel to India.

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Hi Jairichi,

 

Thank you for your response. I thought that I will have to show the I-797 approval notice at POE for the employer I am currently working for. As per what you say, I can travel with intention to join B but wouldn't that create issues in continuity of employment from employer A to employer B, assuming I have already resigned from employer A before I travel to India.

If your intention is to work for employer B you need to have a valid H1B visa and I797 notice of B to show at POE. Prior employment with B is not necessary.

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You can travel with you current stamping on your passport and new I-797 with new employer.

 

Thank you for your response but my question is something else. Do I have to join employer B before I depart from US? If not, and having resigned from employer A before I travel, will that create a gap of employment between employer A and employer B?

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