Can I travel out of US and come back while my H1B transfer is pending

[vishalgupta2]

I was laid off in November 2011 with notice period upto 15th December. I found a new employer who filed a H1 transfer for me (receipt date: 7th December, 2011).

My visa stamp is good until September 2012
My previous petition is good until September 2012
My H1 transfer is with VSC and is still pending

Am I allowed to travel out of US for 2 weeks and then come back again? Will there be a problem at the PoE?

I have the client letter etc.

[sunshi]

I had to travel to India in October 2011 on a family emergency while my H1 extension was pending. I had a copy of the H1 receipt, copy of my I 140 and letters from my managers. My H1 stamping ( the stamping prior to the H1 extension ) was valid till May 2012.

The only thing is they stalled me at the port of entry and took me inside to check in the system since I did not have originals. It took them about 2 hours to finally check for my EAC numbers and they probably verified my background. They finally let me enter and advised that I should carry all the originals next time I am entering the country.

[vishalgupta2]

Thanks for the information. Your reply makes me feel really relaxed. I initially thought I was dead meat.

In the last couple of days, I was able to buy some time so I can now travel in 1st week of march.

While I posted this, I also sent a note to the HR of my company (desi consultant) and she talked to the attorney and the attorney said, another option (probably safest) will be to upgrade my petition to Premium. A 1000$ hit but clean with no risk.

I am a bit more scared than your case coz you also had I140 and your was an extension while mine is a transfer.

[skpanda]

In my opinion.. Premium would be your best option. $1250 (yes!! its not $1000 anymore) may be worth it. Without premium.. you will not have peace of mind... and may face unnecessary issues.

Good Luck!!