I have a valid stamped H-1B visa with Microsoft which expires in two years. Company B has filed for an H-1B transfer. I need to travel abroad before joining B. Can I travel after the H-1B transfer is approved, come back to Microsoft, put in the notice and then join B? Is there any additional documentation that I need to carry at the port of entry?
Yes you can. You’re still employed by MS and will be at the time of entering the country
No you should not , please read my response from that I got from my lawyer for exact same question
Sorry I thought he sent me an email. But basically he told me if you have to travel , h1b works on last action. If you return on MS visa then your B’s i94 is in jeopardy. Whereas if you present b’s petetion then you can’t work for MS anymore. Best case will be to give notice to MS and comeback with B’s petetion and join B
Shouldn’t you just ask the lawyers this question? Lol
If I send fragomen email today, will not get reply before next week
Nah they’re pretty quick, prob hear tomorrow. At least in my case they replied fairly quickly