H1 transfer in process- Emergency Travel Abroad

[Oasis52]

Current Status: H1 (visa stamp expires Sept 2011)
Citizen-India
Current: Company A (Has filed for h1 extention on May 1 under normal processing)
Future: Company B (Has filed for Transfer under Premium Processing as of May 6)

Currently employed with A. Company B lawyer has filed a transfer on May 6 Premium Process.(I believe current status is LCA is under process).

I plan to resign on May 21 with A and travel abroad to Dubai On May 22. Will be back on June3 to usa
>Can i travel abroad even if my tranfer is under process
>When i enter, what documents do I need to show at POE?
> Can i enter with Company A visa stamp
>Any issues if current employer informs USCIS about my resignation?

Its a emergency travel i cannot avoid. What needs to be done to make my trip

[shervin143]

>Can i travel abroad even if my tranfer is under process
>>> Not advisable to travel when a petition is pending with USCIS. Search and read about the posts that explains why.

>When i enter, what documents do I need to show at POE?
>>> http://www.immihelp.com/forum/showthread.php?t=83968

> Can i enter with Company A visa stamp
>>> You can enter with Company A's visa, but not company A's petition since you will no longer be working with them when you re-enter.

>Any issues if current employer informs USCIS about my resignation?
>>> No issues. You will need Company B's approval notice when you enter U.S. You will end up with multiple I-94s which might cause issues trying to figure out when your status actually ends.

[Oasis52]

Hi
Thanks for the replies

Actually I posted this same question on ********.com (paid service) and one of thier lawyers provided me with this asnwer:


You cannot leave the United States while a change of employer petition is pending. Unless, that petition requests for Consular Processing. You would need to show your valid passport, H-1B visa, and current approval notice for Co B. Yes, you can enter with Company A's visa stamp.

If you cannot wait in the US for Company B's petition to be approved, you would need consular process the petition and travel with the approval notice.



My concern comes is WHAT SHE MEANS BY CONSULAR PROCESSING? Does it applies to Consular Processing?

Also what about H1 Protability 2001 ACT which says if transfer is in process, one can enter the country just on receipt?

[shervin143]

My concern comes is WHAT SHE MEANS BY CONSULAR PROCESSING? Does it applies to Consular Processing?
>>> Consular processing means, get the visa stamped and return back (If you don't have a valid visa). You will need the approved petition in order to do that.

Also what about H1 Protability 2001 ACT which says if transfer is in process, one can enter the country just on receipt?
>>> Although it is possible, it is never advisable. On what basis will they issue you a I-94 without a valid petition. the I-94 expiry date is uaualyy matched to the expiry date of the approved petition. Depending of the officer you meet, it will be more like taking a chance. But since your case is filed in premium, I am not sure why you have to owrry about returning with just the receipt notice.

[Oasis52]

Thanks
Actually as of now my LCA is under process.

Once LCA is done, i will be filing case in premium.

I dont know how long LCA takes these days. I have a Direct Employer-Employee relationship as I am not in IT. Case is straight forward

[shervin143]

It takes 15 days from the date of filing to get a decision on the H1B transfer. LCA will take 10 days from the date of filing.

Thanks
Actually as of now my LCA is under process.

Once LCA is done, i will be filing case in premium.

I dont know how long LCA takes these days. I have a Direct Employer-Employee relationship as I am not in IT. Case is straight forward