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Travelling to India while H1 transfer is in RFE

0 votes
Hi everyone,

Here is my case, please help me.

I am currently in US  and my visa is expired in november 2016. My visa is filed by company A and I797 extension is also filed and now, I797 is valid till 2019.

I filed for H1b transfer to company B and currently it is in RFE state.  I haven't joined company B yet.  Now i am planning to travel to india due to family emergency.

Can i travel with my old visa and get it stamped with company A's I797 (Valid till 2019) and hold my transfer till i return to US? will this create any problem?

Please help.

Thank you.
asked Dec 13, 2016 in H1B Visa by Rohit45718 (160 points)

1 Answer

0 votes
Hello Everyone,

I myself found an answer to this question with personal experience.

Yes, I could get my visa stamped with Employer A's petition. No questions were asked about H1 transfer and RFE.

But if you travel to India, the H1 transfer will be treated as void as the i94 number changes, you have to withdraw the H1 transfer and file a new H1 when you return.

Thanks
answered Mar 20 by Rohit45718 (160 points)
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