Urgent H1b query - Subramanya and senior members please help me

[user_123]

I came in US via employer X on H1b visa and worked with them for almost 3 years. I resigned my employer X in May 1st week and have asked a consultant Y to transfer my H1b to them. They have got a receipt notice and say that it would take 3-4 months for approval notice to come.

I want to travel to India meanwhile before I start working on new assignment with company Y. My I-94 and petition from company X is approved till May 2008
1) Company Y will not provide me the approval notice of my H1b till I start working on assignment with them. My consultant Y says that I can travel to India with my old petition papers from company X, receipt notice from consultant Y and offer letter from Y? Is it okay to travel or will my H1b transfer get affected?

2) What documents can I be asked at POE to enter into US?

3) Currently my H1b transfer case is pending with consultant Y. Meanwhile I am also getting other offers from good companies. Can I use my Apr-May paystubs from company X and have them do the H1b transfer as well? Or I cannot do the transfer since I have already left company X and company Y is in transfer process.

Thanks,
Sia

[Subramanya]

H1 B transfer issue

I came in US via employer X on H1b visa and worked with them for almost 3 years. I resigned my employer X in May 1st week and have asked a consultant Y to transfer my H1b to them. They have got a receipt notice and say that it would take 3-4 months for approval notice to come.

I want to travel to India meanwhile before I start working on new assignment with company Y. My I-94 and petition from company X is approved till May 2008
1) Company Y will not provide me the approval notice of my H1b till I start working on assignment with them. My consultant Y says that I can travel to India with my old petition papers from company X, receipt notice from consultant Y and offer letter from Y? Is it okay to travel or will my H1b transfer get affected?

---- Try not to complicate matters. If you can wait for the trasnfer to be completed and then proceed to India. If you want to hasten up you can go for premium processing and you should have an answer within 2 weeks. In such cases travelling overseas will amount to abondoning the H1 transfer

2) What documents can I be asked at POE to enter into US?

---- A vaild and unexpired Visa and if you transfered the current H1 aproval notice so as to get the I-94 till the end date of the new petition

3) Currently my H1b transfer case is pending with consultant Y. Meanwhile I am also getting other offers from good companies. Can I use my Apr-May paystubs from company X and have them do the H1b transfer as well? Or I cannot do the transfer since I have already left company X and company Y is in transfer process.

---- Yes you can do the transfer form Company X also to comapny Z, but the rule for travel will apply.

---- Bottom line is you want to chance your arm around and choose the best offer and jump into the fray. The best offer will always be awaiting your arrival, but it is you who has to stop somewhere. the decision is purely yours

Subramanya

[user_123]

Subramya please reply my queries, I need to travel to India urgently

came in US via employer X on H1b visa and worked with them for almost 3 years. I resigned my employer X in May 1st week and have asked a consultant Y to transfer my H1b to them. They have got a receipt notice and say that it would take 3-4 months for approval notice to come.

I want to travel to India meanwhile before I start working on new assignment with company Y. My I-94 and petition from company X is approved till May 2008
1) Company Y will not provide me the approval notice of my H1b till I start working on assignment with them. My consultant Y says that I can travel to India with my old petition papers from company X, receipt notice from consultant Y and offer letter from Y? Is it okay to travel or will my H1b transfer get affected?

---- Try not to complicate matters. If you can wait for the trasnfer to be completed and then proceed to India. If you want to hasten up you can go for premium processing and you should have an answer within 2 weeks. In such cases travelling overseas will amount to abondoning the H1 transfer

------> I have to go to India for sure in next 2 months because of family reasons. I am not on assignment now and I am on bench via consultant Y. Consultant Y will not give me the approval papers even if I do the premium processing. I want to travel and I am trying to find a way out. Can I return on H4 visa while my H1b transfer is in process and later after coming back after few months, change the status to H1 again when I find a project. Is this possible??

2) What documents can I be asked at POE to enter into US?

---- A vaild and unexpired Visa and if you transfered the current H1 aproval notice so as to get the I-94 till the end date of the new petition

----------> I got my H1b stamped in Apr only, so I am ok to get my I-94 till my old petition date, since the difference would be only around 2 months. Can I come back on my old petition papers, receipt notice and offer letter from new employer?

3) Currently my H1b transfer case is pending with consultant Y. Meanwhile I am also getting other offers from good companies. Can I use my Apr-May paystubs from company X and have them do the H1b transfer as well? Or I cannot do the transfer since I have already left company X and company Y is in transfer process.

---- Yes you can do the transfer form Company X also to comapny Z, but the rule for travel will apply.

---- Bottom line is you want to chance your arm around and choose the best offer and jump into the fray. The best offer will always be awaiting your arrival, but it is you who has to stop somewhere. the decision is purely yours

----------> Can I do the transfer even though I have resigned the old employer already and I am on bench as of now. My last payslips are of Apr, would that be okay? I donot have the May-June month's payslips.


I really appreciate your help. thanks so much.
Rekha

[Subramanya]

H1 transfetr and travel

came in US via employer X on H1b visa and worked with them for almost 3 years. I resigned my employer X in May 1st week and have asked a consultant Y to transfer my H1b to them. They have got a receipt notice and say that it would take 3-4 months for approval notice to come.

I want to travel to India meanwhile before I start working on new assignment with company Y. My I-94 and petition from company X is approved till May 2008
1) Company Y will not provide me the approval notice of my H1b till I start working on assignment with them. My consultant Y says that I can travel to India with my old petition papers from company X, receipt notice from consultant Y and offer letter from Y? Is it okay to travel or will my H1b transfer get affected?

---- Try not to complicate matters. If you can wait for the trasnfer to be completed and then proceed to India. If you want to hasten up you can go for premium processing and you should have an answer within 2 weeks. In such cases travelling overseas will amount to abondoning the H1 transfer

------> I have to go to India for sure in next 2 months because of family reasons. I am not on assignment now and I am on bench via consultant Y. Consultant Y will not give me the approval papers even if I do the premium processing. I want to travel and I am trying to find a way out. Can I return on H4 visa while my H1b transfer is in process and later after coming back after few months, change the status to H1 again when I find a project. Is this possible??

---- Once again we repeat, if you apply for a transfer and you travel outside the country you are considered to have abandoned your transfer process. The option would be to seek Consular processing and get the H1 stamp while you are in India

2) What documents can I be asked at POE to enter into US?

---- A vaild and unexpired Visa and if you transfered the current H1 aproval notice so as to get the I-94 till the end date of the new petition

----------> I got my H1b stamped in Apr only, so I am ok to get my I-94 till my old petition date, since the difference would be only around 2 months. Can I come back on my old petition papers, receipt notice and offer letter from new employer?

---- You can come back on your old petition papers, but not with the receipt notice and the offer letter of teh new employer (they have no value for the Immigration Officer at the POE

3) Currently my H1b transfer case is pending with consultant Y. Meanwhile I am also getting other offers from good companies. Can I use my Apr-May paystubs from company X and have them do the H1b transfer as well? Or I cannot do the transfer since I have already left company X and company Y is in transfer process.

---- Yes you can do the transfer form Company X also to comapny Z, but the rule for travel will apply.

---- Bottom line is you want to chance your arm around and choose the best offer and jump into the fray. The best offer will always be awaiting your arrival, but it is you who has to stop somewhere. the decision is purely yours

----------> Can I do the transfer even though I have resigned the old employer already and I am on bench as of now. My last payslips are of Apr, would that be okay? I donot have the May-June month's payslips.

---- Yes you can apply for the transfer, but you have to provide an explanation and reason if there is an RFE

Subramanya