Travel during h1b transfer

[gsk23]

I am planning to travel in september. I got a job and my employer said he can apply for my h1b transfer(i previously held h1 2 years back) and specify oct 1'05 as the start date. I am presently on h4 and have my visa stamp valid till 2006. Can I come back to the country without any problem? Will my h4 be still valid if i come back by 30th sept? I would really appreciate any input as soon as possible, so that I can make arrangements.

[veena_swsh]

Hi,
If by the time you leave the US, your H1 is approved, then it is advisable to get your passport stamped with H1, or you will have to return to US on your previous H4 stamping before it expires.

[hello_ramya]

Hi gsk23,

I was actually in the same boat as you 1 month ago, and after a few rsearches, this is the info I got. (Again, not from a lawyer, but from diff: law sources).

There are two parts to it:

1) By the time, you leave US, if your H1 is approved , then you are perfectly fine. But, you would come back with H4 stamping only, and you would be on H1 from OCt 1. Next time, you go to India and get the stamping, it would be H1. But, after you come back to US on H4, you need to arrange for an amendment since your I-94 would have changed. This is needed since the USCIS is processing your H1 with the old I-94.

2) If you leave the US while your H1 is stillpending, you will not have any problem entering the US on H4, but,your H1 approval is under a lot of risk. The reason is not because of the visa, but because of I-94. The latest travel rules mentioned in USCIS allowed for the #1 features, but not if it is not yet approved.

So, I advise you not to travel till you get a confirmation of your H1 approval.

You may also double-check with others. I am just sharing what I know.