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My Lawyer has replied to me as below. Hope it helps someone in this forum if you are planning to travel outside US when H1b petition is pending.
According to USCIS, an individual who is in valid H-1B status and who has changed employment upon the filing of a new H-1B petition, and who then travels outside the U.S. and returns prior to approval of the new H-1B petition, must meet four conditions in order to be readmitted to the U.S. Lawyer's interpretation of the four conditions is as follows:
At the Port of Entry inspection, the H-1B individual must:
1. Present a valid, unexpired passport;
2. Present a valid, unexpired H-1B visa;
3. Present evidence that the individual was previously admitted in H-1B status or previously accorded H-1B status – this evidence may be in the form of a copy of the previously issued Form I-94 indicating admission in H-1B status, or a copy of Form I-797 Notice of Action (H-1B approval notice) with the original petition’s validity dates.
4. Present evidence that a new H-1B petition was timely filed with an USCIS Service Center (e.g., a dated H-1B filing receipt notice). “Timely filed” means that the new H-1B petition must have been filed prior to the expiration of the individual’s previous period of admission in H-1B status.
Important Notes:
A. An individual whose original H-1B status has expired is not admissible unless the new H-1B petition has been approved.
B. An individual who meets these requirements is admissible until the validity date of the previous H-1B petition, plus ten days.
C. An individual who has changed employers but is not in possession of a Form I-797C Receipt Notice for the new H-1B petition, is not admissible unless the USCIS finds evidence that a new H-1B petition has been filed.
D. H-4 dependents must meet the same requirements.
According to USCIS, an individual who is in valid H-1B status and who has changed employment upon the filing of a new H-1B petition, and who then travels outside the U.S. and returns prior to approval of the new H-1B petition, must meet four conditions in order to be readmitted to the U.S. Lawyer's interpretation of the four conditions is as follows:
At the Port of Entry inspection, the H-1B individual must:
1. Present a valid, unexpired passport;
2. Present a valid, unexpired H-1B visa;
3. Present evidence that the individual was previously admitted in H-1B status or previously accorded H-1B status – this evidence may be in the form of a copy of the previously issued Form I-94 indicating admission in H-1B status, or a copy of Form I-797 Notice of Action (H-1B approval notice) with the original petition’s validity dates.
4. Present evidence that a new H-1B petition was timely filed with an USCIS Service Center (e.g., a dated H-1B filing receipt notice). “Timely filed” means that the new H-1B petition must have been filed prior to the expiration of the individual’s previous period of admission in H-1B status.
Important Notes:
A. An individual whose original H-1B status has expired is not admissible unless the new H-1B petition has been approved.
B. An individual who meets these requirements is admissible until the validity date of the previous H-1B petition, plus ten days.
C. An individual who has changed employers but is not in possession of a Form I-797C Receipt Notice for the new H-1B petition, is not admissible unless the USCIS finds evidence that a new H-1B petition has been filed.
D. H-4 dependents must meet the same requirements.
