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Hi All,
I changed my employer and started working for new employer based on H1 receipt number.
H1 transfer was filed in Premium and i got the RFE for client letter. My employer is going to respond to RFE in a day or two.
I have a valid VISA stamp from my previous employer till next year. I have to urgently travel to India for couple of weeks.
Is it ok to travel when H1 transfer is still in progress; based on my previous employer's visa? Will there be problem if the H1 transfer is still not approved when i re-enter US?
One article on the internet as shown below says, you can travel when H1 transfer is pending.
Travel While a Petition is Pending for a Change of H-1B Employer
An H1B nonimmigrant employee is permitted to port their H1B visa to another company, pursuant the American Competitiveness in the Twenty-first Century Act of 2000 (“AC-21″) upon the filing of an 1-129 petition for the subsequent employer.
Under this scenario, the H1B employee is permitted to travel on the previously issued visa, where they can show:
1) they are otherwise admissible to the U.S.;
2) they are in possession of a valid unexpired passport and visa, including a visa endorsed with the name of their previous employer as petitioner;
3) they can show that they have previously been admitted in H1B status; and
4) they are in possession of the Form 1-797 receipt notice showing that a new petition has been timely filed.
The new petition is not a substitute for a valid visa.
I changed my employer and started working for new employer based on H1 receipt number.
H1 transfer was filed in Premium and i got the RFE for client letter. My employer is going to respond to RFE in a day or two.
I have a valid VISA stamp from my previous employer till next year. I have to urgently travel to India for couple of weeks.
Is it ok to travel when H1 transfer is still in progress; based on my previous employer's visa? Will there be problem if the H1 transfer is still not approved when i re-enter US?
One article on the internet as shown below says, you can travel when H1 transfer is pending.
Travel While a Petition is Pending for a Change of H-1B Employer
An H1B nonimmigrant employee is permitted to port their H1B visa to another company, pursuant the American Competitiveness in the Twenty-first Century Act of 2000 (“AC-21″) upon the filing of an 1-129 petition for the subsequent employer.
Under this scenario, the H1B employee is permitted to travel on the previously issued visa, where they can show:
1) they are otherwise admissible to the U.S.;
2) they are in possession of a valid unexpired passport and visa, including a visa endorsed with the name of their previous employer as petitioner;
3) they can show that they have previously been admitted in H1B status; and
4) they are in possession of the Form 1-797 receipt notice showing that a new petition has been timely filed.
The new petition is not a substitute for a valid visa.
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