Travel while H1 transfer pending

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Old Jan 31st 2001, 7:05 pm
  #1  
hello_world_bye
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Hi,

I am currently working on an H1 visa for Company A. Co. B has given me an offer and is
about to start my H1 transfer process. I know that I can start working for B as soon as I
get the receipt.

I need to travel somewhere in the timeframe after I get the receipt but not the approval
for B i.e. I would be working for B. Will I be able to re-enter the US with the stamp of A
& receipt notice of B ?

If I can't, is there any work around for this problem ? The way I see it, I could continue
to work for A until after I returned, and then join B. The only problem with that is that
B might not agree to wait for so long & A might not be around till that time (it's a
start-up)! I'm really in a fix.

Please advise.

Thanks
 
Old Jan 31st 2001, 7:10 pm
  #2  
ssayez12
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You should stick to company B if you join and not leave until you get the approval notice
orig. in hand. otherwise stay with A and do your foriegn travel , come back and then quit
to join B. Right now there is no way for the immigration officers at the port of entry to
knwo that you have a recipt for the new company hence you are ok to travel and enter the
country..since your old company will cancel you H1 the moment you leave...that is the new
rule now if they dont want to be liable for paying your wages.

In article <[email protected]>,
[email protected] wrote:
> Hi,
>
> I am currently working on an H1 visa for Company A. Co. B has given me an offer and is
> about to start my H1 transfer process. I know that I can start working for B as soon as
> I get the receipt.
>
> I need to travel somewhere in the timeframe after I get the receipt
but
> not the approval for B i.e. I would be working for B. Will I be able
to
> re-enter the US with the stamp of A & receipt notice of B ?
>
> If I can't, is there any work around for this problem ? The way I see it, I could
> continue to work for A until after I returned, and then join B. The only problem with
> that is that B might not agree to wait for so long & A might not be around till that
> time (it's a start-up)! I'm really in a fix.
>
> Please advise.
>
> Thanks
 
Old Feb 2nd 2001, 6:09 pm
  #3  
jetrotall
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Posts: n/a
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Some lawyers advice against traveling abroad while H1B transfer is pending, because by
doing that you are abandoning your petition. It's a complicated situation, for more
information read this article

http://www.usvisanews.com/faq-chempl...#chemployers-e

In article <[email protected]>, [email protected] wrote:
> You should stick to company B if you join and not leave until you get the approval
> notice orig. in hand. otherwise stay with A and do your foriegn travel , come back and
> then quit to join B. Right now there is no way for the immigration officers at the port
> of entry to knwo that you have a recipt for the new company hence you are ok to travel
> and enter the country..since your old company will cancel you H1 the moment you
> leave...that is the new rule now if they dont want to be liable for paying your wages.
>
> In article <[email protected]>,
> [email protected] wrote:
> > Hi,
> >
> > I am currently working on an H1 visa for Company A. Co. B has given
me
> > an offer and is about to start my H1 transfer process. I know that I can start working
> > for B as soon as I get the receipt.
> >
> > I need to travel somewhere in the timeframe after I get the receipt
> but
> > not the approval for B i.e. I would be working for B. Will I be able
> to
> > re-enter the US with the stamp of A & receipt notice of B ?
> >
> > If I can't, is there any work around for this problem ? The way I
see
> > it, I could continue to work for A until after I returned, and then join B. The only
> > problem with that is that B might not agree to wait for so long & A might not be
> > around till that time (it's a start-
up)!
> > I'm really in a fix.
> >
> > Please advise.
> >
> > Thanks
> >

> >
 

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