Did you apply for H1B visa ? Check H1B Processing times. Please add your H1B Application info to our H1B Tracker !

Travel on Old Employer Valid Visa and with new Employer receipt notice

0 votes
Hi Saurabh,

I travelled to India last week in an emergency and I am in India now, I have changed my employer a few months back and I am working for him although my transfer is still in process, my new employer responded to an RFE and it is pending for approval.

However, I have my H1B Visa stamped with my old employer and it is  valid till 2018, so now can I travel back to US with my old employer Visa and with the receipt notice of my new employer ( as my new I797 is not approved yet and the transfer is still in process)? I am planning to travel in march last week so please suggest me. Also, my previous employer has already revoked his petition against which I have the valid Visa.

Please guide me in right direction.

Thanks for your help

Regards,

Bobby
asked Mar 15 in H1B Visa by BOBB (170 points)
Hi Saurabh,

I am planning to travel this week. Can you please reply to my question if you have some time? Thanks again

Regards
Bobby
Hi, Can you please confirm if everything went smooth with your travel?

1 Answer

0 votes
You currently don't have any active petition, correct? The previous one has been revoked and the new one is still pending.

My suggestion would be to wait for new petition's approval and then travel to US. You can use old visa stamp to enter (remember to explicitly tell PoE officer about the new approved petition or they would consider old revoked petition by default).

Is your transfer petition filed under PP?
answered Apr 4 by Saurabh (284,320 points)
Thanks for your reply Saurabh.

Yes, I do not have an active petition right now. It's still pending and is not filed in premium. I am here in India in an emergency for a few weeks and my client is following up for my return so when I checked with my attorney she replied saying I can travel on H1 receipt  even if the old employer petition has been revoked provided the old employer H1 visa is not expired so thought to check with you as well.

Your suggestions were always helping him till now so I would always prefer your advice though so  wanted your suggestion as my attorney says I can travel and moreover my client is wants me right back. So little confused on whether to take the risk of travel or not so just checking with you.

Thanks
Bobby
Attorneys are the legal expert so I would defer to their guidance.

Can you ask your attorney this. If you enter US using transfer receipt, then what would be the I-94 expiration date issued to you? As the petition is still pending, CBP doesn't know whether it will be approved or not, and even if approved then what would be the expiration date.
Hello

I am in a similar situation ..

Did you travel safe with the H1B transfer receipt notice and H1 stamping from previous employer??
Please reply asap as i need to travel after two days.

Thanks
Geet
Geet/Saurabh-
Please confirm if everything went smooth with your travel.



...