International Travel during H-1B transfer still pending.

[prashanthhyd]

I am in a very tricky situation. I got my H-1B in 2009 from a company X. I transferred it to a company Y in Apl 2011. Now I applied for transfer to my current company in Oct 2011. I am planning to travel to India (for my younger sisters wedding) this Nov 11. My new H-1B transfer was files as premium processing on Oct 25, I got a RFC from USCIS last week. I am planning to send my documents this week.

Note: My H-1B visa stamp on my passport is valid till Oct 2012, from my first company X.

RFC details: My previous employer Y merged with a different company A. my paystubs started reflecting company A’s name for the past 3 months.

RFC was basically asking why company A is on your paystubs.

I have the company agreement document which shows the agreement between both the companies and a letter for company A saying the same. I also have a W2 for my employment with company Y.


My questions.

1. Is it advisable to travel to India, with by H-1B process still under review? What are the risks involved.

2. I know that I can only re-enter with my new approved I-797, what other document do I are needed to re-enter.

3. How bad is the RFC (chances of approval/ (god forbid) rejections).

4. What other documents will help my case for RFC. (Company agreement etc…)

5. If my H-1B transfer is rejected (god forbid). Can I still re-enter US and if yes what other documents do I need to re-enter.
Note: I have approved I-797 from company Y.

[shervin143]

1. Is it advisable to travel to India, with by H-1B process still under review? What are the risks involved.
>>> It is not advisable to leave U.s when a petition is pending with USCIS. You might endup having multiple I-94s. Search and read the posts that discusses this.

2. I know that I can only re-enter with my new approved I-797, what other document do I are needed to re-enter.
>>> http://www.immihelp.com/forum/showthread.php?t=83968

3. How bad is the RFC (chances of approval/ (god forbid) rejections).
>>> If you can submit all the documents requested in the RFE, then the chances are high.

4. What other documents will help my case for RFC. (Company agreement etc…)
>>> The documents related to the merger will help. Ask the attorney to attach a detailed document mentioning about the merger.

5. If my H-1B transfer is rejected (god forbid). Can I still re-enter US and if yes what other documents do I need to re-enter.
Note: I have approved I-797 from company Y.
>>> Not unless you are entering U.S to work for Company Y and Company Y hasn't yet revoked your H1B petition.