I know I need to consult with lawyers ultimately, but has anyone travelled internationally after applying for an H1b transfer? Can you enter the US again with your existing employer H1b visa or did you have any issues ?
You HAVE TO be in US when your petition is filed and pending. When you return you HAVE TO enter using the new I797. I actually just asked this to my attorney today.
Say you travel while the petition is pending, and a friend mails you the new i797 when it arrives, so that you can use it to re-enter. Is this an acceptable scenario?
I’m not confident enough to answer this. I do advise you to play safely unless you have a compelling reason to rush.
They don’t recommend doing so as your current i94 becomes invalid and will mess up your application.
I have traveled while in process. Lawyer just sent me a copy of the application to have with me incase there are issues during reentry. My visa stamp was about to expire on a few days but my old i797 was still valid. Again this is not legal advice just my experience, check with your lawyer. My i797 eventually got approved no problems.
Thanks for sharing! I understand that there are two steps in the process- LCA application and then applying for the H1b transfer. When you were traveling, were you already in the latter stage ? I was told that if that’s the case, your old i94 may not be valid. What did the immigration officer at the airport need to see ?
Application was filed, went into RFE and I was travelling while employer was filing RFE response.
OmniBuz - did the new i94 change anything?
Same question