Travel while H1 transfer Premium processing was in progress

[Abra1ca2dabra]

Hi,

I have a valid H1B visa with company A. (valid till end of Jan 09)
I was in US and had applied for a H1B transfer on premium processing sometime in June 08 through an other company B.

My assignment got over & I was asked to return back.
I waited enough. The USCIS asked for RFE on the new H1B transfer.

In Aug 08, I have now returned back to India.
The H1B got approved a few days after I landed here :-(

My company A intends to send me back for short term till Jan of 09.

I request your advice on the following:

1. Can I enter US without any trouble at POE?
2. Besides my passport with my valid H1visa till Jan 09, what else should I have with me?
3. Is it possible for company B to process my H1B renewal while I work on my previous H1 with company A?
4. Would there be any complications if I switch from company A to company B say in December 08?

[Subramanya]

H1 queries

I have a valid H1B visa with company A. (valid till end of Jan 09)
I was in US and had applied for a H1B transfer on premium processing sometime in June 08 through an other company B.

My assignment got over & I was asked to return back.
I waited enough. The USCIS asked for RFE on the new H1B transfer.

---- What do you mean by assignment got over and I was asked to return back. On H1 you are working for a company either till the H1 is complete or you transfer or terminate the employment . Te assinment can continue in another country also

In Aug 08, I have now returned back to India.
The H1B got approved a few days after I landed here :-(

My company A intends to send me back for short term till Jan of 09.

I request your advice on the following:

1. Can I enter US without any trouble at POE?

----- If you are coming back to work for company A then you must be having a valid Visa and at the POE you are declaring that you will be working for comapny and get a I-94 for company A

2. Besides my passport with my valid H1visa till Jan 09, what else should I have with me?

---- A vlaid employment letter tha you will be working for that company or continue to work for that company

3. Is it possible for company B to process my H1B renewal while I work on my previous H1 with company A?

---- As per your post you have just transferred your H1 to company B. where is the question of renewal right now. The employment with company B will be for a certain period of time (like 1 year)

4. Would there be any complications if I switch from company A to company B say in December 08?

---- This depends on your terms and negotiations with company B

Subramanya

[Abra1ca2dabra]

Thanks, Subramanya for the reply.

On this reply though, I need your clarification:

" Is it possible for company B to process my H1B renewal while I work on my previous H1 with company A?

---- As per your post you have just transferred your H1 to company B. where is the question of renewal right now. The employment with company B will be for a certain period of time (like 1 year)"

As I had explained, as of July 08, my H1 for company A was valid till Jan 09.
Subsequently, during Aug 08 (while I was in India), I had got approval on my H1 transfer to company B.

I would like to know since I was not in US while a change of status was in progress, what would result?

If I return to US and declare at the POE my employment letter with company A, my H1 visa with company A, my valid passport, I understand that I might be granted a new I94 for working till Jan 09 with company A.

Does this override the H1 transfer earlier approved by USCIS to company B in 08?

If it does not, can I request company B to process my H1 extension?

Please clarify.

[Subramanya]

" Is it possible for company B to process my H1B renewal while I work on my previous H1 with company A?

---- As per your post you have just transferred your H1 to company B. where is the question of renewal right now. The employment with company B will be for a certain period of time (like 1 year)"

As I had explained, as of July 08, my H1 for company A was valid till Jan 09.
Subsequently, during Aug 08 (while I was in India), I had got approval on my H1 transfer to company B.

I would like to know since I was not in US while a change of status was in progress, what would result?

---- If you have received a I-94 with your H1 approval for company B and you have traveled out of the country just after its approval your I-94 stands invalid as you shouls submit the same while leaaving the country. Your H1 transfer to company B will still be valid. However, you have to get a Visa to work for company B since you have gone out of the country.


If I return to US and declare at the POE my employment letter with company A, my H1 visa with company A, my valid passport, I understand that I might be granted a new I94 for working till Jan 09 with company A.

Does this override the H1 transfer earlier approved by USCIS to company B in 08?

---- Once again, as above the H1 transfer to company B will not be affected but you will not have a I-94 to work for company B since you did not enter US with the H1 approval notice for company B

If it does not, can I request company B to process my H1 extension?

---- Where is the question of extesnsion of your H1 from comapny B. Till waht date is the H1 for comapny B valid. As written earlier it should be valid till at some time (for example 1 year).

---- If you are talking of extension of H1 for company B meaning that thier H1 start from Dec '08 or Jan 09, then you have to speak to company B about the matter. In all instances you have to go out of the country get a H1 Visa, enter US with H1 for company B get a I-94 and then start working for company B. Else you cannot work for company B.

---- The key issue is you have gone out of the country while/during the transfer of your H1 and entering US with a H1 Visa and I-84 for company A

Subramanya

[lesi]

Questions on visa restamping, with my new company B??

Hi,
I am on H1 visa working for company A and now i applied the H1 transfer to company B. below are my questions...

1. What are documents that company B should receive from USCIS, as a proof of my H1 transfer?
2. Will there be any problem for me in visa restamping (for new company B) at US consulate in india? How sure that i will get the visa restamped (titled the new company B)? Is there any possiblity of getting visa rejected during restampping??
3. Can i apply visa for my wife, by just having the I-797 from the new Company B?

Thanks,
Lesi

[txh1b]

1. I797A
2. Depends. Possible if you were out of status or company credentials are bad.
3. You can check what all are needed for H4 from immihelp main page.