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Question on international travel during H1B visa transfer

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  • Question on international travel during H1B visa transfer

    I am currently on an H1B visa with Employer A as petitioner, I recently switched jobs and my current employer (Employer B) has applied for my H1B transfer. Since premium processing is currently suspended this petition can take up to 6 months to get approved.

    I have some international travel coming up that is unavoidable (non-work related). I have a copy of the new petition's receipt notice from USCIS. My current H1B visa (with Employer A's name) is valid for another two years. I have my old original Form I-797 approval notice, and Employer A has not withdrawn my case. I have been previously admitted into the US on my H1B visa.

    I am planning to carry the following documents with me:
    - Passport with valid H1B visa associated with Employer A
    - Form I-797 approval notice from Employer A
    - Copy of Receipt notice of new petition from Employer B
    - Offer letter from Employer B
    - Pay stubs from Employer B

    If I travel while my H1B transfer application is still pending with USCIS, how likely is it that I will be allowed back in? Would this depend on the inspector at the Port of Entry? Will I require any other documents to prove my status?

    Appreciate any help I can get on this.

  • #2
    Hi I am in the same situation. Did you get a response or clarity on what to do ?

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    • #3
      Originally posted by doremifasolati View Post
      I am planning to carry the following documents with me:
      - Passport with valid H1B visa associated with Employer A
      - Form I-797 approval notice from Employer A
      - Copy of Receipt notice of new petition from Employer B
      - Offer letter from Employer B
      - Pay stubs from Employer B

      If I travel while my H1B transfer application is still pending with USCIS, how likely is it that I will be allowed back in? Would this depend on the inspector at the Port of Entry? Will I require any other documents to prove my status?
      Based on what you have described, I would carry a print out of latest I-94 too and tear off the bottom I-94 part of Employer A's I-797a and pin it to the print out. Basically, you have all the right documents for travel outside of the US and a re-entry, me personally, I would just organize them with this one small difference from your list.

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