H4 Travel while new H1 Transfer Pending

[dadarockz]

Hello

My Wife and I have a valid stamp in our passports with my current employer until 2013. I will be initiating an H1 transfer to a new employer in "premium" mode early next week. My wife has to travel to India on March 18th and she would be returning on March 31st.

I am not sure if I would get my new I797 approved before she departs from the US. Is it safe for her to travel to India in this situation?

If so, should I have to courier once I receive my I797 or could she use my current I797 to enter the US?

And, would there be a problem for her in entering the US if my I797 approval notice doesn't come in time for her return or if it so happens that I get an RFE?

I would be joining my new company immediately after receiving the receipt from USCIS. The reason for my confusion is, can she use the existing I797 to enter the US (if the new I797 doesnt arrive in time), though I started working for the new company?

Thanks!

[shervin143]

I am not sure if I would get my new I797 approved before she departs from the US. Is it safe for her to travel to India in this situation?
>>> Travelling FROM U.S is not a problem.

If so, should I have to courier once I receive my I797 or could she use my current I797 to enter the US?
>>> If you are with the new employer when she returns, then YES.

And, would there be a problem for her in entering the US if my I797 approval notice doesn't come in time for her return or if it so happens that I get an RFE?
>>> It is advisable she waits for your new approval notice to enter U.S. She cannot show your old approval notice at the POE when you are no longer working for that employer.

I would be joining my new company immediately after receiving the receipt from USCIS. The reason for my confusion is, can she use the existing I797 to enter the US (if the new I797 doesnt arrive in time), though I started working for the new company?
>>> Read the above answer. You always have the option to go for a premium processing.

[dadarockz]

[i]It is advisable she waits for your new approval notice to enter U.S. She cannot show your old approval notice at the POE when you are no longer working for that employer.[/i]

Thanks for your response. I am indeed filing in Premium, but my only worry is what would happen if I end up getting an RFE. In that case, is she legally allowed to enter the US with a copy of "Receipt of I797 application" corresponding to my new employer?

Thank again!

[shervin143]

Eventhough people have entered U.S with just the receipt notice, it would totally depend on the officer at the POE. They wouldn't know until when to issue her the I-94 without a valid petition. So the best advise is for her to wait until you get the transfer completed and return back with a approved petition instead of taking a chance. Even if there is an RFE, upon responding to the RFE, you should get the result back within15 days from responding to the RFE. So even at the worst case it would go until a month. Only in worst cases there will be second and third RFEs.

If you are worried about the RFE, then you should not even join the new employer until the transfer actually gets approved. It is a matter of 15 days. Instead of taking a chance, you should wait until the transfer gets approved. That way, your wife can reneter with the petition from the current employer. I would advise you to wait until the transfer gets approved.