Can I travel outside the USA while my H1 transfer is in process?

[uday029]

I am currently on a H1B visa and I have a valid H1B stamp in my passport (valid until Nov 2018). I am planning to change employers in couple of months and my new employer would file for H1 transfer in another month or so. I would like to take a break for couple of weeks between jobs and travel outside of USA before I start working for my new employer. Is it safe to travel outside USA while H1B transfer is in process? Would it create any issues for reentry or for H1B transfer approval? Thanks.

[raghvi]

I am currently on a H1B visa and I have a valid H1B stamp in my passport (valid until Nov 2018). I am planning to change employers in couple of months and my new employer would file for H1 transfer in another month or so. I would like to take a break for couple of weeks between jobs and travel outside of USA before I start working for my new employer. Is it safe to travel outside USA while H1B transfer is in process? Would it create any issues for reentry or for H1B transfer approval? Thanks.

I would not advise travel outside US while a transfer petition is pending. Firstly, USCIS might deny the I94 as you left while petition was pending, as you broke the continuation of status. Second, while re entering US, you don't have an approved petition for the employer you intend to work for in hand.

This is my opinion not legal advice.