H1B transfer, portability and travel

[ramesh_sawant]

Hi Friends,
I am currently working for company A with H1B visa stamp expired but I have valid H1B extension and valid I-94 till 2016.
Now I got offer from company B and then are going to file H1B transfer within a week (premium processing).
However I may need to travel within a week. My questions:
1. Can I travel outside US while transfer is pending with USCIS? I will need to get visa stamping for company B before entering US, is there any risk in such case?
2. Can I start working for company B as soon as I get receipt notice (H1B portability)?

Thanks

[raghvi]

Hi Friends,
I am currently working for company A with H1B visa stamp expired but I have valid H1B extension and valid I-94 till 2016.
Now I got offer from company B and then are going to file H1B transfer within a week (premium processing).
However I may need to travel within a week. My questions:
1. Can I travel outside US while transfer is pending with USCIS? I will need to get visa stamping for company B before entering US, is there any risk in such case?
2. Can I start working for company B as soon as I get receipt notice (H1B portability)?

Thanks

1.Yes you can. Do ensure that the approval notice is sent over to your address outside US as you would need that to schedule your H1 visa interview.
2.Technically you can, but advisable not to. If for some reason the transfer is rejected after you join B then you go out of status.

This is my opinion not legal advice.

[ramesh_sawant]

1.Yes you can. Do ensure that the approval notice is sent over to your address outside US as you would need that to schedule your H1 visa interview.
2.Technically you can, but advisable not to. If for some reason the transfer is rejected after you join B then you go out of status.

This is my opinion not legal advice.

Thanks raghvi for your advice.
I also talked with attorney and they have advised to avoid travel while H1B transfer is in progress as there may be issue with issuing I-94 dates and my visa in passport is expired. So I will travel after H1b gets approved.
Another question is, as I will be travelling before I get first payslip but with approved h1b transfer receipt, will be any issue with visa stamping with company B?

[raghvi]

Thanks raghvi for your advice.
I also talked with attorney and they have advised to avoid travel while H1B transfer is in progress as there may be issue with issuing I-94 dates and my visa in passport is expired. So I will travel after H1b gets approved.
Another question is, as I will be travelling before I get first payslip but with approved h1b transfer receipt, will be any issue with visa stamping with company B?

I would not suggest you join solely on the basis of the receipt.

This is my opinion not legal advice.