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H1B Visa-Transfer; Can I travel out of the country?

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  • H1B Visa-Transfer; Can I travel out of the country?

    Hello,

    I am a Canadian citizen and have a new job in the United States which I have already started 2 weeks ago. My existing H1B is being transferred to the new employer. I have asked for the accelerated process and I should receive it no later than two weeks from now. (I hope)

    The problem is that I must travel to Canada for my new employer this week.

    Will I have a problem coming back into the U.S. without the actual new Visa?

    Can I still use my old visa from the old employer? What do I say at the border?

    Should I carry with me the actual receipt of the visa petition? A paycheck from my new employer? A paycheck from my old employer? The new job offer?

    I would hate to be stuck at the border during this interim period while I await the new visa, but the meetings in Canada are important to my new employer.

    Thanks in advance!
    Helen

  • #2
    if u have all documents of old employer with old visa then dontworry, dont tell them about transfer, when transfer will complete whole process then immigration department upload your data, in this case your data in all immigration system is with old employer, if am I not wrong.. if your transfer is completed and you have I 797A from USCIS then some risky to enter into the usa.

    Comment


    • #3
      You should not travel in general while a transfer is in progress. In your case, if it is travel to Canada and return within 30 days of travel, it does not get you a new I-94 and you will be fine.

      In general, travel during transfer is a no-no because people get a new I-94 which may create problems in EOS.

      I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.

      Comment


      • #4
        Originally posted by OMM
        if u have all documents of old employer with old visa then dontworry, dont tell them about transfer, when transfer will complete whole process then immigration department upload your data, in this case your data in all immigration system is with old employer, if am I not wrong.. if your transfer is completed and you have I 797A from USCIS then some risky to enter into the usa.
        Nothing should be hidden. One should tell about transfer if getting a new I-94 at the POE. It may require a visit outside the country again if the I-94 is expiring soon due to old employer's visa date.

        You are wrong. If transfer is completed, there is zero risk.

        I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.

        Comment


        • #5
          somany guys are travelling with OLD Employer visa stamp and with I797 when transfer in process but not finished means before new I797 issue. and its the fact. when transfer in process your details in immigration system is mostly OLD employers and even your approval based on Old I94 so, no worry about travel from canada to usa. he/she can also carry a reciept of transffer. & he/she have to travel is mostly own decision sometime it's risky to travel, POE not allowed to cross the border.
          Last edited by OMM; 11-09-2008, 12:03 AM.

          Comment


          • #6
            Thank you for your help.
            I will let you know how it goes.
            I am a bit nervous, but I think being honest with them at the border is probably the best way

            My point of re entry into the US will be driving (the Windsor/Detroit) border, as I am flying out of the Detroit airport

            I do so much business in Canada...and this is why my new employer actually hired me. Thus travel to Canada is so important.

            Is there any government site you can direct me to that may have these rules so I can print them and have them with my documentation?

            I was told to have the receipt from the INS (that they received the transfer request from my new employers), as well as my offer letter, with me as well.

            thanks again!
            Helen

            Comment


            • #7
              Originally posted by OMM
              somany guys are travelling with OLD Employer visa stamp and with I797 when transfer in process but not finished means before new I797 issue.
              Who said it is right?

              I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.

              Comment


              • #8
                Originally posted by golden1718
                Thank you for your help.
                I will let you know how it goes.
                I am a bit nervous, but I think being honest with them at the border is probably the best way

                My point of re entry into the US will be driving (the Windsor/Detroit) border, as I am flying out of the Detroit airport

                I do so much business in Canada...and this is why my new employer actually hired me. Thus travel to Canada is so important.

                Is there any government site you can direct me to that may have these rules so I can print them and have them with my documentation?

                I was told to have the receipt from the INS (that they received the transfer request from my new employers), as well as my offer letter, with me as well.

                thanks again!
                Helen
                Like I said earlier, keep your I-94 and do not turn it in at the airport. Return on the same I-94. Your transfer will be fine. You can keep the receipt and offer letter. As far as the government site goes, check out cbp.gov

                I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.

                Comment

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