Regarding travel plans during/after H1B transfer approval.

Immigration 2 views 3 answers
Hello, On FEB/2012 I got my H1B stamped with ABC employer. I got stamped for 3 yrs starting from OCT-2011. Now i got an offer from XYZ employer and they filed for my H1B transfer, as per the online status the trnasfer got approved. But, due to some critical situations i have to go out of country (Home Country) on DEC-02 before I get my transfer papers. My new employer mentioned that once he receives all documents from USCIS he is going to post them to my place. Below are my questions/doubts, 1) Do i need to get stamped again with new I797 (from XYZ company) when my current I797 (from ABC) is valid for another 2 yrs ? 2) Do i need to show my new I 797 (from XYZ company) at port of entry so that my I 94 will get most recent H1B expiry date. 3) Appreciate if u post any suggestions. thx

Attorney Answers

3
Myron Morales ·
You can travel on your existing visa, but you need proof that the change of employer petition was filed when you return. Myron R. Morales, Attorney Morales PLLC [email protected]
0 upvotes
Qingqing Miao ·
I agree with my colleagues that you do not need to stamp again but you should carry with you proof of your transfer petition. In your case, it will be ideal if you have the original I-129 approval notice (from XYZ) with you at the port of entry.
0 upvotes
F Capriotti 2793192.Html ·
1. No 2. Yes 3. You are welcome. SUGGESTION, talk to the LAWYER for XYZ ... not the employer, not HR.
0 upvotes

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