Travel when H1 Transfer in Process

[karangshah]

Hi,

I took up a new job and my H1 transfer is still in process.USCIS has asked for additional evidence and my employer has sent the same. Per USCIS update, they will revert within 60 days. Meanwhile my project may require me to travel to Brazil. I have a couple of questions:

1.Can I submit my passport for processing the Visa for Brazil?
2.If I get the visa, can I travel to Brazil, even if my petition is yet to be approved?

Regards

Karan

[sk4ih]

No problem at all. As long as you are in valid legal status, you can do anything (legal).

[arajesh19]

Hi,

I took up a new job and my H1 transfer is still in process.USCIS has asked for additional evidence and my employer has sent the same. Per USCIS update, they will revert within 60 days. Meanwhile my project may require me to travel to Brazil. I have a couple of questions:

1.Can I submit my passport for processing the Visa for Brazil?

--- Getting a Brazilian visa within the US should not be a problem even when your H1B transfer petition is getting reviewed by the USCIS.

2.If I get the visa, can I travel to Brazil, even if my petition is yet to be approved?

--- This travel is not recommended until your transfer has been completed and approved because on your way back to the United States, you will have to provide the POE officer your valid I-797 petition for getting a date marked on your I-94. Without this petition, your entry to the US is not guaranteed. Getting an I-94 date (white paper) based on your previous employer's H1B petition is illegal.

Regards

Karan

Seniors, please correct if there is an error.

Thanks
Rajesh