H1-B Transfer, Urgent

[uttam]

Hi,

I recently applied for H1-B transfer through some company. I have received the H1-B transfer receipt but not the actual approval notice. I will be joining this new company next week on the basis of H1-B transfer receipt. I have to travel to India immidiately after joining this new company for personal reasons.

Q-1 : I wanted to know if its okie to travel to India when your H1-B is under transfer ?

Q-2 : What all documents I should carry for immigration while coming back ?

Q-3 : By the time I will come I am sure I will get my H1-B approval, so in immigration is it okie to show previous old H1-B or I have to show the receipt of the new H1-B transfer too ? Will there be any issue if I dont tell them about my new H1-B transfer ?

Q-4 : Will it be better if I continue with my present company and join this new company after I come back from india assuming my H1-B will get transfer before I return from India ?


Q-5 : Is it legal to continue working with previous company on previous approved H1-B even if you get your H1-B transferred by some other new company ?


Thanks.

Uttam

[Subramanya]

H1 Queries

I recently applied for H1-B transfer through some company. I have received the H1-B transfer receipt but not the actual approval notice. I will be joining this new company next week on the basis of H1-B transfer receipt. I have to travel to India immidiately after joining this new company for personal reasons.

Q-1 : I wanted to know if its okie to travel to India when your H1-B is under transfer ?

---- Generally, it is not recommended to travel when you have applied for a H1B transfer. The reason being if there are any queries you should be available to respond to them. There may be other reasons also

Q-2 : What all documents I should carry for immigration while coming back ?

---- You should have your H1B approval notice from your new company (since you are going to travel after joining the new company)

Q-3 : By the time I will come I am sure I will get my H1-B approval, so in immigration is it okie to show previous old H1-B or I have to show the receipt of the new H1-B transfer too ? Will there be any issue if I dont tell them about my new H1-B transfer ?

---- As above, if you have joined your new company you will need your H1B approval notice from your new company at the POE. This will enable you get a I-94 valid till the date of your new H1B approval notice.

----A H1B transfer receipt is not valid at a POE (If I am wrong in this, I shall apprecaite any correction). It is only an acknowledgement by USCIS that they have received your application

---- You need not speak to the immigration officer about your H1B transfer. You have to produce the new H1B approval notice for the new I-94

Q-4 : Will it be better if I continue with my present company and join this new company after I come back from india assuming my H1-B will get transfer before I return from India ?

---- That is your decision. You have not posted till what date is your term with company A and the validity of I-94 that you are currently holding. We cannot make any assumptions on your behalf

Q-5 : Is it legal to continue working with previous company on previous approved H1-B even if you get your H1-B transferred by some other new company ?

---- You can continue working of the previous company, then you will have to get your H1B extended to continue working for that company. Your H1B transfer to another company has nothing much to do with the present company. You have to decide what you are going to with this H1B. It is a waste of money for that company to have sponsored your transfer

Subramanya