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i understand i have to be in US while h1b transfer is filed. can we travel outside US once ot is filed and in progress. currently working on h1b which is valid till end of next year. yoe 7 230k
You don't want to do that unless absolutely necessary, speaking out of personal experience. If your transfer completes while you're outside you'd be at the mercy of the officer at Port of entry to get back in - most likely you'd be denied entry and asked to get new H1B visa stamped on your passport before you can enter back. If it doesn't complete, you'd be required to file an amendment with new I94. Also, if you must travel carry all paperwork and keep your attorney's number handy.
Did this happen to you? The officers fucked up, they should have let you in.
Situation 2 happened to me, I had to file amendment. I was warned of situation 1 by my attorney though.. and like I said "mercy" of the officer, you don't want to be dealing with the hassle if they fuck up.
But if you still have a job with your current employer, then why would the IO stop you at Port of Entry? If you have valid h1 stamping on your passport with a long enough date to expiration, a transfer should not do harm.
Yeah exactly my question and my understanding. Just wanted to confirm this. Anyway I will also check with my attorney once
Exactly my question, @criss could you please provide some insight regarding what Livongo has asked
The most "recent" active H1B on their system and your passport does not match, reason enough to deny entry unless the officer is willing to look into details. They don't care of your employee at that point. Remember the default is deny entry, not allow unless you are citizen. That's why I said mercy of officer.
No.. you can have two concurrent h1bs, and you can enter on a visa that’s valid. It’s not an issue if the company listed and the company you work for are different.
Also, check with your attorney please. My personal experience was second situation. I was warned of situation one by my attorney when I decided to travel to attend my dad's funeral.
Sure thanks for sharing. Will consult with my attorney
Interesting, I have already travelled thrice internationally with visa stamping of my previous company. No fuss at entry point at any point.
Yeah that is confusing. What happens if your petetion gets approved with B but you decide not to join and continue working for A. In that case this issue might happen if I travel ? I think something is not right
I think, h1b with new employer is not active until you get a paycheck with new employer. In that case, you can just keep working with previous employer and the previous employer doesn't need to know. Please correct me if I am wrong.
My understanding is exactly same but would like to know from people out here who have experienced
Yes, it is. Do update the thread with what your attorney advises. I've always been advised to not travel by my attorney when transfer/renewals are filed in my past 9 years of being in H1B.
Check with attorneys
I think you can provided your current H1 is maintained with your employer on your arrival date