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Travel While a H1B Visa is Transferring

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  • 11-26-2015, 08:39 AM
    sormy
    Travel While a H1B Visa is Transferring
    Hello.

    I have valid H1 status till the end of next year and valid H1 stamp valid till February of next year.
    Financial problems in current working company force me to find another employer.
    I find it, they filed H1 transfer case.
    I'm planning to go on vacation outside US last 2 weeks.
    Can I come back thru H1 sticker of my previous employer even while a was outside H1 was transferred?
    What should I answer when I will come to US on question "Where are you working?"
    Do I need to tell that I'm still working on previous employer but waiting for H1 transfer receipt?
    Also my current employer didn't pay me for last month of work.
    So i'm working till the end of November. Then leave US on two weeks on vacation, then will come to work on another Employer.
    I believe that h1 receipt will be received. Can I come into US based on H1 stamp issued for prev employer and H1 receipt (not approval) for another employer?
    H1 transfer case was sent around 3 weeks ago, so I believe receipt will come in 1-2 weeks while I will be on vacation outside US.
    And what should I say in that situation to passport control officer?

    Thank you.
  • 11-26-2015, 10:39 AM
    Mr. Knowitall
    Re: Travel While H1 is Transferring
    If you travel while the transfer is pending, in order to reenter for the new job you will need to show that you are admissible to the U.S., that you have an unexpired passport and visa, with your H1B visa endorsed in the name of your former employer as petitioner, that you have previously been admitted too the U.S. in H1B status, and you should have in your possession the Form I-797 receipt notice showing that your new employer filed a timely petition.

    If your employer has not paid you for a month that you worked, you need to make a complaint with the Department of Labor. If you haven't been paid because you haven't been working, then you should consult an immigration lawyer.
  • 11-26-2015, 11:29 AM
    T53147
    Re: Travel While H1 is Transferring
    Quote:

    Quoting sormy
    View Post
    Hello.

    I have valid H1 status till the end of next year and valid H1 stamp valid till February of next year.
    Financial problems in current working company force me to find another employer.
    I find it, they filed H1 transfer case.
    I'm planning to go on vacation outside US last 2 weeks.
    Can I come back thru H1 sticker of my previous employer even while a was outside H1 was transferred?
    What should I answer when I will come to US on question "Where are you working?"
    Do I need to tell that I'm still working on previous employer but waiting for H1 transfer receipt?
    Also my current employer didn't pay me for last month of work.
    So i'm working till the end of November. Then leave US on two weeks on vacation, then will come to work on another Employer.
    I believe that h1 receipt will be received. Can I come into US based on H1 stamp issued for prev employer and H1 receipt (not approval) for another employer?
    H1 transfer case was sent around 3 weeks ago, so I believe receipt will come in 1-2 weeks while I will be on vacation outside US.
    And what should I say in that situation to passport control officer?

    Thank you.

    The only acceptable answer is the truth. Your suggestion that you would frame your answers to increase your chances of being admitted is inappropriate. Be more careful in the future.
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