Travel to India while H1B transfer in progress

[ssuresh1987]

I work for Company A on H1B visa currently and the visa is valid till end of September, 2017. I do not have the visa stamped yet on my passport, but I have already made plans to go to India in 1.5 months and get my visa stamped. At this point, I have received an offer from Company B, and they are ready to start processing my H1B transfer. Here is my question:

 

Can I travel to India and get my H1B visa stamped with I-797 from company A, and join company B after I have come back to the US? WIll my H1B transfer process get affected in the meantime?

 

 

[jairichi]

As long as you plan to work for sometime with employer A you can return with valid H1B visa and employer A's I797. If you plan to work right away for employer B after your return to US then you would need employer B's I797.

[pjsdet]

You can travel though your transfer is still in progress, just get the docs related to processing like I-129 application, LCA, fee receipt, FEDEX receipt etc. And don't forget AC 21 portablity memo print out in case the CBP officer asks why you are travelling without new approved I-797. The moral is approval document is recommended but not mandatory if the CBP is convinced.

[jairichi]

You can travel though your transfer is still in progress, just get the docs related to processing like I-129 application, LCA, fee receipt, FEDEX receipt etc. And don't forget AC 21 portablity memo print out in case the CBP officer asks why you are travelling without new approved I-797. The moral is approval document is recommended but not mandatory if the CBP is convinced.

AC21 portability applies when OP is in US not during his travel.