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No travel to the US while H-1B application pending?

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  • No travel to the US while H-1B application pending?

    Hi all, any advice is appreciated.


    I live in the UK and I have a 2019 (yeah...) H-1B application for the USfor which I have a valid I-797 until next year. I've been waiting for my company to be able to provide me a job offer in the US so that I can apply for the actual visa. It's a bit odd though, my job description 5 years ago was quite a bit different from today's, so I'm fairly anxious about whether I'd get the visa approved.

    I also have a work event in the US happening next week. I know we are told not to enter the US on a visitor visa (or ESTA) while our H-1B application is pending, but I'm leaning towards not using my H-1B after all and stay where I am now and/or plan towards an L-1 with an intra-company transfer.

    My questions are:

    - what exactly does don't travel on a visitor visa while your H-1B is pending mean?
    - what were to happen to me at the border if I went with an ESTA next week?
    - would it invalidate my H-1B but I could still enter
    - would I be questioned and turned back at the border?
    - am I right to worry about my job description having evolved in the 5 years since my application was approved? If so, I should cancel this H-1B anyway...
    - if I cancel my H-1B application, do I have to do something? Tell someone?

    Thanks again, my (company's) lawyers are extremely slow, unresponsive and generally apathetic

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