Travel while H1 transfer is in progress

[gauutam]

Hello Gurus,

I went through the forums about travel while H1 transfer is in progress. but I am confused , hence I am posting the question. Please help me.

My current h1b is valid till oct 2009. I got a good job offer from a very big firm. They are filing for my h1b transfer (H1B Extension of Status (new empl)) under premium processing. They are in the process of doing the paperwork. Most likely the petition will be filed end of this week or early next week. I am traveling to India end of next week for my marriage. Will my status be jeopardize in case I travel while my transfer is in progress? Will USCIS reject my h1 transfer on the pretext that I am not present in USA? Will there be any problem re-entering US? Shall i wait to take appointment for h4 visa for my wife till the decision on transfer is taken?

Thanks in advance for your help.

Regards,
Gaurav

[txh1b]

In your best interest, have them file for the transfer upon your return and that is lot better.

If it is unavoidable, go through the forum and search for "cloning" and related posts. Talk to the legal counsel of the new company. Most lawyers advise not to travel on a pending petition.

[gauutam]

Hi,

Thanks for the response. The problem is that they are not ready to wait till I come back. The attorney initially said not to travel outside while transfer is in progress. But when I told that I have no option but to go (marriage), he said you can go and they will send me the approval notice to my address in India. Is H1b transfer the same as change of immigrant status? My biggest concern is whether USCIS can reject my h1b transfer based on the fact that i travelled out of the country. Can they do so?

Please help. By the way i did went through the posts for cloning and found some portability act provisions but I am not clear on them.

Regards,
Gaurav

[txh1b]

USCIS will not reject the transfer as such because you traveled. It will deny the extension of stay but approve the petition. Meaning you have to travel with the approval notice while entering so that you can work for the full length of the petition with the new employer.

[gauutam]

Hi,

I am really thankful to you for your time. So I can safely assume that in case the petition is approved and I get the approval notice couriered to me in India and I use that while entering US I will get a new I-94 based on the validity of the petition. Am I right?

Thanks once again for your time.

Regards,
Gaurav

[txh1b]

Yes. Keep in mind what could happen if the petition approval results in delays. A security check trigger will not require USCIS to make a decision on a PP case in 15 days.

[gauutam]

Hi,

I have submitted all the required documentation and the company which is filing for my h1b transfer is also a huge one so the only problem could be name check etc which I hope will not happen. Anyways, I will not be joining the new employer till I get my h1b transfer approval. So will it be ok to come back on my existing employers visa (valid till Oct 2009) ?

Thanks once again a lot for your time.

Regards,
Gaurav

[am35947]

Travel During H1 Transfer, Do I have to re-enter US to activate new emp s petition

USCIS will not reject the transfer as such because you traveled. It will deny the extension of stay but approve the petition. Meaning you have to travel with the approval notice while entering so that you can work for the full length of the petition with the new employer.

I am in a similar situation and I saw your advise pretty helpful. I am on a H1B visa with my current employer "A" with visa valid until 4/2015, i-94 until 11/30/2014. I am planning to switch employment and have my h1 transfer in progress with employer "B". The Visa transfer is pending approval ( I have the receipt number), still not resigned and I have an international travel during the course. As per your comments travel during the transfer might deny the extension of stay but approve the petition. I would like to know what are the consequences of this

1. Do I need to travel out of the country mandatorily for a stamping before joining employer "B"? Although my visa is valid until 4/2015 or
2. I cannot stay beyond my current extension of i-94 for which I need to go out of the country before i-94 expires and enter with the new approved petition and existing h1 stamp from my old employer "A" as long as I am travelling before the visa expires.

What does the phrase "deny extension of stay" mean? When I asked my new employer "B" they told me "there is a possibility that you would need to travel abroad and re-enter the U.S. to activate New Employer's petition. "


Any help is really appreciated. Thank you in advance