travelling to us from India without H1B transfer petition approval

[mechvijays]

Hi,

I have my passport stamped till 2018 from old employer.
I got job in new employer and did a normal H1B Transfer. Still the status is showing as case was received.
Old employer has cancelled my petition.
Now i came to India, my new employer told not to file premium. you can come with H1B transfer receipt itself.

i have my visa stamped till 2018.
i have H1b Transfer petition receipt only and old employer petition is cancelled.

can i able to clear the Port of Entry in USA.

or shall i ask my new employer to file Premium and one it got approved then go to stamping and start to USA? ,

Please give my suggestion.

Thanks,
Vijay

[dreamzzz]

Better not to travel with pending process

Hi,

I have my passport stamped till 2018 from old employer.
I got job in new employer and did a normal H1B Transfer. Still the status is showing as case was received.
Old employer has cancelled my petition.
Now i came to India, my new employer told not to file premium. you can come with H1B transfer receipt itself.

i have my visa stamped till 2018.
i have H1b Transfer petition receipt only and old employer petition is cancelled.

can i able to clear the Port of Entry in USA.

or shall i ask my new employer to file Premium and one it got approved then go to stamping and start to USA? ,

Please give my suggestion.

Thanks,
Vijay

It is not advised to travel when the petition is under progress to avoid any confusion. In your case your old petition is also cancelled.

You can now one thing expedite your case with premium processing and wait for your approval of petition and make it available to you by mail or post .. Its better not to take risk and re enter USA without approved transfer petition and h1b visa.
Travel with H1b Transfer approval notice and h1b visa already stamped and unexpired.

** This is opinion not a legal advice **

[mechvijays]

but my attorney is saying that i can come with just the receipt since in my passport the validity is still 2018.

i m confused since my old petition is cancelled.

if i come to us and if am denied at port of entry and went back to india. whether i can raise premium for my transfer and once it got approved whether i can travel to US by stamping it.
or any issue while applying for premium ,since i was denied at port of entry

[mechvijays]

Hi All,

i found the below link, can u tell what is actually telling. by this whether i can come with just the receipt,

Thanks in advance


AC21 section 105 portability provision


Can an H-1B Holder who starts starts working for his new employer under the AC21 section 105 portability provision leave the U.S. and re-enter before his H- 1B Transfer petition has been approved?

Yes, but in order to re-enter the U.S., the H-1B holder should have a copy of the I-797 Filing Receipt showing that the petition was filed and should have a letter from the new employer stating that the H-1B holder is currently working for the new company. An H-1B applicant for admission who is no longer working for the original petitioner is admissible at a POE, pursuant to portability in AC21, as long as certain conditions listed below are met. If these conditions are met, the H-1B applicant is admissible to the validity date of the previous H-1B petition, plus ten days. H-4 applicants for admission, who are dependants of H-1B aliens employed pursuant to visa portability provisions, must meet these same requirements: The applicant is otherwise admissible. The applicant, unless exempt under 8 CFR 212.1, is in possession of a valid, unexpired passport and visa (including a valid, unexpired visa endorsed with the name of the original petitioner). The applicant establishes to the satisfaction of the inspecting officer that he or she was previously admitted as an H-1B or the otherwise accorded H-1B status. If a visa exempt applicant is not in possession of the previously issued Form I-94, Arrival/Departure Record, or a copy of the previously issued I-94, the applicant may present a copy of the Form I-797, Notice of Action, with the original petition’s validity dates. The applicant presents evidence that new petition was filed timely with the Service Center, in the form of a dated filing receipt, Form I-797, or other credible evidence of timely filing that is validated through a CLAIMS query. In order to be a timely filing, the petition must have been filed prior to the expiration of the H-1B’s previous period of admission. It must be emphasized that the burden of proof remains with the alien to prove that he or she is admissible as an H-1B and eligible for a visa portability provisions described in AC21.

[dreamzzz]

but my attorney is saying that i can come with just the receipt since in my passport the validity is still 2018.

i m confused since my old petition is cancelled.

if i come to us and if am denied at port of entry and went back to india. whether i can raise premium for my transfer and once it got approved whether i can travel to US by stamping it.
or any issue while applying for premium ,since i was denied at port of entry

There is not issue but why to take risk .. If your old petition was still alive then you can travel with receipt but as it is cancelled .. its better you go for premium approval..

*This is my opinion*

[dreamzzz]

Hi All,

i found the below link, can u tell what is actually telling. by this whether i can come with just the receipt,

Thanks in advance


AC21 section 105 portability provision


Can an H-1B Holder who starts starts working for his new employer under the AC21 section 105 portability provision leave the U.S. and re-enter before his H- 1B Transfer petition has been approved?

Yes, but in order to re-enter the U.S., the H-1B holder should have a copy of the I-797 Filing Receipt showing that the petition was filed and should have a letter from the new employer stating that the H-1B holder is currently working for the new company. An H-1B applicant for admission who is no longer working for the original petitioner is admissible at a POE, pursuant to portability in AC21, as long as certain conditions listed below are met. If these conditions are met, the H-1B applicant is admissible to the validity date of the previous H-1B petition, plus ten days. H-4 applicants for admission, who are dependants of H-1B aliens employed pursuant to visa portability provisions, must meet these same requirements: The applicant is otherwise admissible. The applicant, unless exempt under 8 CFR 212.1, is in possession of a valid, unexpired passport and visa (including a valid, unexpired visa endorsed with the name of the original petitioner). The applicant establishes to the satisfaction of the inspecting officer that he or she was previously admitted as an H-1B or the otherwise accorded H-1B status. If a visa exempt applicant is not in possession of the previously issued Form I-94, Arrival/Departure Record, or a copy of the previously issued I-94, the applicant may present a copy of the Form I-797, Notice of Action, with the original petition’s validity dates. The applicant presents evidence that new petition was filed timely with the Service Center, in the form of a dated filing receipt, Form I-797, or other credible evidence of timely filing that is validated through a CLAIMS query. In order to be a timely filing, the petition must have been filed prior to the expiration of the H-1B’s previous period of admission. It must be emphasized that the burden of proof remains with the alien to prove that he or she is admissible as an H-1B and eligible for a visa portability provisions described in AC21.

According to this you can travel
Some Focus Points:
If these conditions are met, the H-1B applicant is admissible to the validity date of the previous H-1B petition, plus ten days.
In order to be a timely filing, the petition must have been filed prior to the expiration of the H-1B’s previous period of admission.
If a visa exempt applicant is not in possession of the previously issued Form I-94, Arrival/Departure Record, or a copy of the previously issued I-94, the applicant may present a copy of the Form I-797, Notice of Action, with the original petition’s validity dates.


*My opinion*

[wheelsunderfeet]

Hi mechvijays, did you end up returning with just your receipt notice?

I'm in the same boat and your PDF link helped, but I'm still not 100%. Thank you.

[wheelsunderfeet]

Hi mechvijays, I'm facing a similar situation.

What did you end up doing? My lawyers said it was fine to return on the receipt notice as well, but I'm just not feeling 100%.

Thank you!