Travelling to India while H1 transfer is in RFE

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.

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

Hi,

Thanks for the info.It was really helpful,even i have the same situation but the response to RFE has been sent by company B in my case.And iam thinking to travel at this point of time.Could you please let me know if i would be able to do travel now.Or should i wait until it gets approved.