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  #1 (permalink)  
Old 01-11-2008, 03:32 PM
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Default H1 Petition (H1 visa transfer) pending, and travel plans scenario

Gurus
I need some guidance on my situation here: I am currently working on an H1B visa in the US. I was working for company A since Oct '06 and recently moved to Company B in December '07. I have an unexpired H1 visa stamped (associated with Company A) in my passport now. Company B promptly applied and I have the H1 Petition Receipt number (receipt date Dec 3 2007), and as of Jan 11 '08, the case is pending.

I need to travel to India on March 1st and returning on March 23rd. As my H1 petition with Company B is in a pending status, what are my options with regards to H1 visa stamping requirements when I need to re-enter the country on March 23rd '08:

1. Not get a new H1 visa stamp on the passport and travel with the Company A's H1 visa stamp. Is it safe attempting to re-enter the country with the H1 visa stamp from the previous employer? In that case, can I show them the old I797 and explain to the POE officer that I am currently working for a different employer and show them the new receipt notice and letter from the new employer? What if the new H1 Petition is approved a week before my travel date to India or when I am in India?

2. Make the new H1 petition with Company B, premium and obtain an approval. Travel to India with the new I797 with either a visa stamp from canada/mexico consulate or stamping from consulate in India. I would like to avoid this option, if legally permitted, as I may not have the time in India to go for stamping.


I apologize for the long-winded question here, and I greatly appreciate any suggestions or comments you may have. I browsed thru most of the threads in this forum, but did not answers to my specific questions.
Thanks
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  #2 (permalink)  
Old 01-15-2008, 11:18 AM
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Gurus...please help me!!

Is it safe to travel with a new approved I797/I94 and use the unexpired H1B visa stamp associated with an old employer to re-enter the country?
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  #3 (permalink)  
Old 01-15-2008, 11:52 AM
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You can travel with old visa and new approval i797. I have traveled with these documents and no problem at POE. No need to get new stamping.
You cannot travel with old visa and only receipt of H1 transfer because when you apply a petition you have to be in the country till it is approved. If you travel, some lawyers are of the opinion that the application gets invalidated.
I was in such a situation and I used premium processing and went with the new I-797.
Hope this helps. Also consult your lawyer if you decide to go with the receipt notice only.
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  #4 (permalink)  
Old 01-15-2008, 12:39 PM
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To reeneter you need approved I-797 of the employer that you will be working for as well as unexpired H1 stamp. Stamp can be for the other employer as long as it is not expired.

You cannot eneter using the receipt, you need approval. So if it seems to be taking a long time to get approval go ahead and upgrade your petition to premium
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  #5 (permalink)  
Old 01-17-2008, 09:17 PM
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Thank you both for sharing your thoughts...

I have an unexpired H-1B visa stamp in my passport and I have contacted my attorney to upgrade the petition to premium. I plan to re-enter the country with the approved I797 and the unexpired H1B visa associated with the previous employer.

For some reason, my attorney feels strongly that I need to get visa stamp in my passport from either canada or home country(India), if the petition is approved. Do you see any strong reason why he thinks I need a visa stamp in my passport?

I have tried to convince him that people do re-enter with the approved I797 with attached I94, as long as they have an unexpired visa of the same class.
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  #6 (permalink)  
Old 01-21-2008, 08:56 PM
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Gurus
Please share your thoughts on my question above.....
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  #7 (permalink)  
Old 06-02-2008, 07:38 PM
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Default Family Emergency!!! - Wife travelling when H1 transfer in process

My H1 B Visa and my wife's H4 is being transfered to a new employer. We filed under premium processing last friday (30th May). We have a family emergency and my question is whether my wife can travel to India before our applications are approved. I will remain in the country. Only she will be travelling. Your inputs will be much appreciated in this trying time.
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  #8 (permalink)  
Old 06-02-2008, 08:12 PM
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Originally Posted by mavrick View Post
My H1 B Visa and my wife's H4 is being transfered to a new employer. We filed under premium processing last friday (30th May). We have a family emergency and my question is whether my wife can travel to India before our applications are approved. I will remain in the country. Only she will be travelling. Your inputs will be much appreciated in this trying time.
I don't think its a good idea. I think this is where the "Last action rule" of USCIS comes in. While being processed, if you leave the country, then the transfer will probably not be processed. Not a lawyer but I think you should wait to get the approval before travelling.
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  #9 (permalink)  
Old 06-03-2008, 01:01 PM
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Default Thanks

That is disappointing. But I guess we don't have a choice.
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  #10 (permalink)  
Old 06-03-2008, 02:19 PM
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Quote:
Originally Posted by mavrick View Post
My H1 B Visa and my wife's H4 is being transfered to a new employer. We filed under premium processing last friday (30th May). We have a family emergency and my question is whether my wife can travel to India before our applications are approved. I will remain in the country. Only she will be travelling. Your inputs will be much appreciated in this trying time.

I believe your wife can travel. I was in a similar situation couple of years back where We had to travel while the transfer was pending and when contacted the attorney, they did not raise any issues.

Luckily, we got our approvals before we actually left and was not a issue. Again, it was more than 2 Yrs back, so pls do consult attorney.
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  #11 (permalink)  
Old 08-29-2010, 11:12 AM
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Default H1 Petition (H1 visa transfer) pending, and travel plans scenario

Quote:
Originally Posted by Immigstories View Post
Thank you both for sharing your thoughts...

I have an unexpired H-1B visa stamp in my passport and I have contacted my attorney to upgrade the petition to premium. I plan to re-enter the country with the approved I797 and the unexpired H1B visa associated with the previous employer.

For some reason, my attorney feels strongly that I need to get visa stamp in my passport from either canada or home country(India), if the petition is approved. Do you see any strong reason why he thinks I need a visa stamp in my passport?

I have tried to convince him that people do re-enter with the approved I797 with attached I94, as long as they have an unexpired visa of the same class.
Immigstories:
Could you please share your experience at POE? many many thanks
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  #12 (permalink)  
Old 12-10-2011, 04:10 PM
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Quote:
Originally Posted by h1bnogc View Post
Immigstories:
Could you please share your experience at POE? many many thanks
Hello h1bnogc,

Were you able to come back to US with your old visa and new petition.Please share your experience.
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