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India Travel when H1 Transfer is pending

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  • India Travel when H1 Transfer is pending

    Here is my case

    Company A : H1 Petition was valid till Sep 2015. H1 Visa Stamped till Sep 2015. Resigned this company in Sep 2013
    |
    |
    joined
    |
    |
    Company B: Joined in Sep 2013. H1 was transferred. Received new I-94 valid till Jan 2015. Currently working here.
    |
    |
    got an offer, not yet joined
    |
    |
    Company C: Planning to join on April 14, 2014. H1 transfer will be done in premium processing.

    Questions
    I have a planned India trip (April 24 to May 3).
    If I have the receipt number from USCIS by Mar 28, I believe I will get the decision by April 14 since it is premium processing. If Approved, then there are no issues. If the approval doesn't come till my travel date (i.e. April 24) or get an RFE, then can I still travel with the pending H1 transfer case?

    What are the options OR what do I need to consider doing?

    I cannot drop the India visit as my father-in-law is undergoing major surgery and I need to be there.

    Please advice.

  • #2
    Originally posted by Vivekhv View Post
    Here is my case

    Company A : H1 Petition was valid till Sep 2015. H1 Visa Stamped till Sep 2015. Resigned this company in Sep 2013
    |
    |
    joined
    |
    |
    Company B: Joined in Sep 2013. H1 was transferred. Received new I-94 valid till Jan 2015. Currently working here.
    |
    |
    got an offer, not yet joined
    |
    |
    Company C: Planning to join on April 14, 2014. H1 transfer will be done in premium processing.

    Questions
    I have a planned India trip (April 24 to May 3).
    If I have the receipt number from USCIS by Mar 28, I believe I will get the decision by April 14 since it is premium processing. If Approved, then there are no issues. If the approval doesn't come till my travel date (i.e. April 24) or get an RFE, then can I still travel with the pending H1 transfer case?

    What are the options OR what do I need to consider doing?

    I cannot drop the India visit as my father-in-law is undergoing major surgery and I need to be there.

    Please advice.
    Though it is not advisable to travel without getting the transfer petition approved but based on this memo by USCIS you should be fine to travel with the Transfer Receipt and previous valid visa.



    This is my opinion not legal advice.

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