Possible to enter US without H1 approval notice?

[deeptivamshi]

Hi,
I recently transferred my H1 to a new employer and the new H1 approval notice is still pending.

I need to go to India in August and it does not seem like the approval notice will come by then. I can always upgrade my application to premium, however my company's immigration department says that it is not required.

I was advised that as long as I have the H1 petition application form and related documents, as well as proof of employement (letter from employer, pay stubs etc.), I can enter the US without any problems.

I do have a valid visa stamp on my passport (from my old company). The stamping is valid till June 2008.

My questions are -
1) Is it absolutely necessary to have a approval notice for me to enter the US?
2) How big is the risk if I travel using the H1 petition application and other company documents? Are there any other affects, such as with Green Card process?
3) Is it best to play safe and upgrade to premium?

Any advice on this matter will be greatly appreciated. Thanks very much in advance.

Regards,
Deepti

[PDU]

Questions for Deepti

Hi Deepti,
Even I am in the same boat with the only exception that I have approved I-797. But I cannot get the visa stamped coz I dont have any appointment, neither I would get it at such a short notice.
I want to go to India in July for 2 weeks but my stamped H1B expires in October. Do you think there would be any problem because of not having enough months left on the stamped visa when I enter the US?
Is it necessary to take all company documents? If so, do you have the list of all documents needed?
How would the officer know that we have changed employers, since we have valid visa's stamped in our passports?

Any response would be greatly appreciated,
Thanks,

[deeptivamshi]

Hi,
I think your situation is quite different since you have an approved petition.

Since your current visa is valid till Oct, I think it is ok for you to travel in July. There should be no problems. The immigration officer would get to know you have changed companies only if he/she asks to see your petition papers.

If you want to play it safe, you could always go to Canada or Mexico and get your visa stamped before going to India.

As for documents that need to be carried, your company's immigration department would have a checklist of documents that you can use.

Hope this helps.