Question on H1B Transfer and India Travel while current VISA expired

I am currently located at US working for company A and a valid petition till 2017 end and My VISA is expired.Now I am planning to move to company B and proceed with H1B transfer.

--------------------------------------------------------------1. Would it be OK to travel to India while my H1 transfer is in progress.

  1. Since my VISA with current employer is already expired, I need to go for VISA stamping to reenter in US. Can I use my old petition and paystubs for stamping ?

  2. WIll there be any problem at Port of entry since my H1B transfer is in progress.

-------------------------------------------------------------4. Now Lets assume I am travelling back to India after getting the H1b Transfer approved and I havent worked for new employer.

Since my current VISA is expired, I would still need to go to VISA cell for stamping to renter in US

Which documents I should use for stamping. Old petition or new petition (Please note I dont have any paystubs with new employer)

  1. Which documents I should show during port of entry(POE) ?

  2. If I am showing old petition details (which is still valid) at POE, Can I work for new employer immediately ?--------------------------------------------------------------

Before I answer, one clarification - when will you move to new employer - soon after transfer is filed or after it has been approved?

My new employer is flexible and with my current employer I have a notice period of 3 months. It will be my choice. I am planning to join the new employer after my return from India and that will be after the transfer approved

Thanks again. Appreciate your quick response.

  1. Anytime you travel on pending H-1 transfer, H-1 transfer will be processed w/o EOS (i.e. w/o I-94). As long as you have the approval notice in hand by the time you return, you should be fine. If you enter US on old petition to work w/ old employer then you cannot just jump to new employer as you won’t have an I-94 associated to new employer. Makes sense?

  2. If the intent is to work for new employer on returning, then go for stamping through new employer. If you plan to work for old employer for some more time after returning, then go w/ old employer.

  3. No issues as long as you have approved petition from the employer you plan to work for.

  4. See (2). Payslips will be required for last few months you were in US. This can be from old employer even when you are taking new employer’s petition for stamping. Payslips are required to show that you were maintaining status while you were inside US before leaving.

  5. Approved 797, recent payslips, employment verification letter, employer contact information, visa stamp in passport

  6. No, you cannot. As explained in (1), you need to have an I-94 w/ new employer in order to join them. You won’t have it in this case.

Thanks Saurabh.
Its good to know that i can use my old employers payslip even if i am getting the visa stamped using new employer petition.

Regarding the 6th question, (assuming i stamped visa using old employer petition)why would I need the i94 with new employer to join them after my return. Is a new approved petition with new employer pettion not enough ?. My understanding of i94 is that it is only an arrival departure record.
If a new i

I-94 not only covers entry/exit, it also covers your immigration status. When you enter US on old employer petition, you will receive I-94 for old employer allowing you to work for old employer.

The new employer’s petition would be approved w/ consular processing as you left US while it was pending. As it was approved w/ consular processing and doesn’t include your latest I-94, you cannot work for them just like that. An action needs to be taken - amendment or entering US on their petition.

You can check w/ new employer’s attorney before leaving US.

Hi naruto, I am in the same situation as yours. could you please let me know if you have been to india when the H1b transfer was processing ? and did you face any difficulties on visa getting stamped with old/new employer and at the time of POE?

Thanks in advance !

Hi Saurabh, My h1 transfer was approved before the India Travel. So i got the transfer approved with i94. I have to travel to india after my H1 transfer approval where i have valid visa with my old employer. Can i just return back with old employer petition and switch to new employer since my h1b transfer was approved with i94? Thanks in advance.