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H1B transfer and travel to India

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  • H1B transfer and travel to India

    Kindly clarify my understanding.
    I am working with A right now and will be till Jan 4. I have a valid visa based on their petition, both valid till Sep 2010. I have obtained a new job and they are applying for H1B transfer towards starting employment on Jan 4.

    I would like to travel to India and return before Jan 4. Is it correct that, if I furnish the following documents at POE, I should be permitted in US:
    1. Valid passport
    2. Valid H1B visa (filed using I-797 from A)
    3. Valid I-797 from A
    4. Receipt of H1B transfer I-797C. I would not expect to receive approval (normal processing) by Jan 4, but if it does get approved, then I should possess the new I-797 from B. No need for new stamping either way, since visa is still valid.

    Please confirm if my understanding is correct as explained. If I am missing something, kindly advise. I will be meeting an attorney through B next week. I will update this thread with his/her views, afterwards for others benefit.

    Thanks

  • #2
    It is not advisable to enter the POE without the actual approval notice. Although, there are cases where people have entered before with just the receipt notice. In which case, you will be getting an I-94 only till the end of the existing approval notice or till the end of the visa period (That depends on the officer at the POE).

    Apart from the documents listed, you will also need an employment verification letter and client letter (In case you work onsite at a client place).
    Not a legal advice. Use of this information is strictly at your own risk.

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    • #3
      Thanks

      Thank you very much for the reply. I will update on what my lawyer says.

      Comment

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