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H1-B Travel Question - Exit US w/o hard copy of I-797

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  • H1-B Travel Question - Exit US w/o hard copy of I-797

    Hi,
    I want to request some urgent opinion on my situation -

    I am currently working in the US for company A on a new (Masters Degree, Subject to Cap) H1-B petition that was approved May 2015
    I have not yet had H-B stamped on my passport
    Company A transferred me to their subsidiary Company B and filed for an H1-B transfer (Company A and B have different names)
    Transfer application was JUST approved in PP but I do not have a physical copy of the I-797 for Company B in hand yet. I have the I-94 # on newly approved I-797 but not a hard copy yet. The I-94 # is the same as on I-797 for company A and my paper I-94 form when I last entered US
    I am scheduled to travel outside of US in 3 days. Can I exit US without hard copy of the I-94 on newly approved I-797? My attorney can Fedex newly approved I-797 to my international address and I can use it to get the stamping done?

    I really appreciate a reply - I am really in a fix here with not much time left.

    Thanks,
    Samara

  • #2
    Originally posted by Samara89 View Post
    Hi,
    I want to request some urgent opinion on my situation -

    I am currently working in the US for company A on a new (Masters Degree, Subject to Cap) H1-B petition that was approved May 2015
    I have not yet had H-B stamped on my passport
    Company A transferred me to their subsidiary Company B and filed for an H1-B transfer (Company A and B have different names)
    Transfer application was JUST approved in PP but I do not have a physical copy of the I-797 for Company B in hand yet. I have the I-94 # on newly approved I-797 but not a hard copy yet. The I-94 # is the same as on I-797 for company A and my paper I-94 form when I last entered US
    I am scheduled to travel outside of US in 3 days. Can I exit US without hard copy of the I-94 on newly approved I-797? My attorney can Fedex newly approved I-797 to my international address and I can use it to get the stamping done?

    I really appreciate a reply - I am really in a fix here with not much time left.

    Thanks,
    Samara
    You don't need an I797 to leave US. Avoid Europe as transit point if you don't have a valid visa.

    This is my opinion not legal advice.

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    • #3
      Originally posted by raghvi View Post
      You don't need an I797 to leave US. Avoid Europe as transit point if you don't have a valid visa.

      This is my opinion not legal advice.
      Thanks for a quick turnaround, Raghvi. I read that when I exit US that I will need to submit the I-94 attached on the lower half of the I-797 for company B. As I described in my original post, I do not have the hard copy of the approval notice yet but the email from the lawyer states the I-94 # and it the same as that in the earlier approval notice for company A and the I-94 from when I last entered US on OPT status. Any potential problems here? Also, my transit point is Doha, Qatar.
      Last edited by Samara89; 12-26-2015, 10:19 PM.

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