Is it advisable to travel during H1B transfer in pending?

Yahoo / Eng califrnia
Aug 26 16 Comments

Hi all,

My H1b transfer is pending (it has been over a month after filing). I haven't started working at new company. I still work at my current company. I am planning to travel outside US with my current H1B visa and re-enter on the same as I wouldn't have joined the new company. Are there any risks involved?

I wanted to know if anyone has traveled outside US in such scenarios? Is it advisable?

I would definitely consult with my attorneys, but it would be great if someone has done it before and share their experience while at re-entry.

TC:
3 yoe
190k tc
145k base

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TOP 16 Comments
  • QuoteWizard / Data
    boops

    QuoteWizard Data

    PRE
    Amazon
    boopsmore
    Not advisable, unless you have a valid visa from something else
    Aug 26 4
    • QuoteWizard / Data
      boops

      QuoteWizard Data

      PRE
      Amazon
      boopsmore
      (As in, your previous visa is still active in your passport, then it doesn’t matter. I’ve done that)
      Aug 26
    • Yahoo / Eng califrnia
      OP
      Thanks @boops.
      My current H1B with stamp is valid till 2021. My attorneys are discouraging, but I feel it's because of extra paperwork they have to do. So I wanted to know actual risks involved, if someone would have done it first hand.
      Aug 26
    • QuoteWizard / Data
      boops

      QuoteWizard Data

      PRE
      Amazon
      boopsmore
      I can’t see border agents denying you re-entry for “trying to switch jobs”, esp since you’re still working at company 1. The transfer application is confidential and doesn’t affect your previous employment or status until you decide to leave. Good luck!
      Aug 26
    • Yahoo / Eng califrnia
      OP
      Thanks so much!! 😊😊
      Aug 26
  • Medallia qwertyca
    No risks if you have valid visa. Also arry your approved lca for current visa.

    If transfer is approved while you are away you might have to reactivate new h1 by traveling outside again and even if you New 797 is valid until 2022 or 23 it would have validity end date of current visa.
    Aug 26 0
  • Qualcomm / Eng LazyPro
    Is it always Sunny in Philadelphia?
    Aug 26 0
  • New / Eng
    area51-

    New Eng

    BIO
    TC or GTFO
    area51-more
    TC?
    Aug 26 6
    • New / Eng
      area51-

      New Eng

      BIO
      TC or GTFO
      area51-more
      The norm is TC: not TC or GTFO:
      Aug 26
    • New / Eng
      area51-

      New Eng

      BIO
      TC or GTFO
      area51-more
      So TC?
      Aug 26
    • Yahoo / Eng califrnia
      OP
      Edited: now can I please get an answer? Pls don't say gtfo 😂
      Aug 26
    • New / Eng
      area51-

      New Eng

      BIO
      TC or GTFO
      area51-more
      GTFO
      Aug 26
    • New / Eng
      area51-

      New Eng

      BIO
      TC or GTFO
      area51-more
      Sorry bruv. The game is the game
      Aug 26
  • New fabre
    Did you actually travel ?
    7d 0
  • Citadel Securities wagecuck3
    There's no risk. An H-1B transfer never affects your current job
    Aug 27 0