Tech IndustryAug 25, 2018
Capital OneBigInteger

Traveling while transfer of h1 b visa to new employer

Posting for a friend: He is currently with company A (valid h1B till mid of 2019) and has accepted offer from company B to join them in two months from now. Company B had initiated his h1B transfer and it got approved (he hasn't receivedthe new i797 from company B) . Due to personal emergency he needs to travel outside of the country next week. Question: is it safe to travel outside the country with his current visa stamp and i797 from employer A which is valid till mid 2019 ? He is not quitting until his return . (He didn't receive the i797 from company B or any documents from company B)

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Google BiggusD Aug 25, 2018

They should be able to reenter. However I'd contact the new company's immigration attorneys just to be sure.

Amazon Gjdyveycc4 Aug 25, 2018

It can be risky but know many people who have done that. But it’s risky. Don’t mind how come it’s an emergency and he will still wait for 1 week to get on a flight 😊

Synaptics dUNp73 Aug 30, 2018

i suspect that if he enters with old 797 then the new one will become invalid...better check with lawyers