Travel during H1-B Transfer and PERM Filing

[patriots15]

Guys - I have a tricky situation here, please help me with your advise.

 

I am currently working for Employer-A and now I am filing a H1-B transfer to Employer-B next week. Also Employer-B will be filing my PERM application in a couple of weeks as well. Also it just so happens that Employer-B is owned by Employer-A, we are doing this whole thing for my GC because of some other reasons.

 

Now I already have a visa stamped on my passport for Employer-A till 2017.

 

1) - So while all the above things are happening, when is the best time to travel to India ??

 

2) - I am planning on travelling in August, by which time the PERM will be filed for sure, but not sure if the H1-B transfer will be approved, if say its still in progress, can I still travel with my current visa and I-797 from Employer-A in August??

 

3) - Is it safe if I wait for the H1-B to be approved, and travel with current Visa and new I-797 ??

 

Thanks much in advance for all the expert advise.

[jairichi]

1. Anytime.

2. If you intend to work for B after entering US then you need B's I797.

3. Yes.

[patriots15]

1. Anytime.

2. If you intend to work for B after entering US then you need B's I797.

3. Yes.

Thanks for the update.

 

1- One more clarification on topic-2, lets say in august my transfer is still in progress or in RFE or something like that and I just have a receipt notice but not an approved I797 from employer-B, can re-enter US with current visa and my current I797 with employer-A and say I am still working for employer-A only to the port of entry officer??

 

2 - Does the port of entry officer know about the transfer in progress in the background on his screen? If there are any questions what should i say?

[jairichi]

Thanks for the update.

 

1- One more clarification on topic-2, lets say in august my transfer is still in progress or in RFE or something like that and I just have a receipt notice but not an approved I797 from employer-B, can re-enter US with current visa and my current I797 with employer-A and say I am still working for employer-A only to the port of entry officer??

 

2 - Does the port of entry officer know about the transfer in progress in the background on his screen? If there are any questions what should i say?

1. Only if you are working for employer A.

2. Truth should be your answer.