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Travel during H1B Transfer

Travel during H1B Transfer

Old Oct 21st 2002, 4:50 am
  #1  
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Question Travel during H1B Transfer

Hello All,

I have a H1B from Company A. They laid-off me. I got a new job from company B. They filed for H1B transfer and I got the receipt - it has already been 90 days and I am expecting the approval soon .

I have to visit Ireland for family reasons as soon as possible. Can I travel without my new H1B approval ? My Previous H1B visa in the passport is still valid. My wife's H4 visa ( Previous employer ) is also still valid. I also have new pay stubs from Company B.

Any help/experiences will be greatly appreciated ...

thanks in advance.
John.
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Old Oct 21st 2002, 11:43 pm
  #2  
Joe Smith
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Default Re: Travel during H1B Transfer

JohnRestrik wrote in message news:...
    > Hello All,
    > I have a H1B from Company A. They laid-off me. I got a new job from
    > company B. They filed for H1B transfer and I got the receipt - it has
    > already been 90 days and I am expecting the approval soon .

I heard the regular processing for H1 transfer takes from 5 to 8
months at CSC now.One of my friend applied for H1 Transfer in May,
2002 and he has not received his H1 approval notice yet.

    > I have to visit Ireland for family reasons as soon as possible. Can I
    > travel without my new H1B approval ? My Previous H1B visa in the
    > passport is still valid. My wife's H4 visa ( Previous employer ) is also
    > still valid. I also have new pay stubs from Company B.

If I were you I would postpone my trip until I receive a new H1
approval.
Make sure you talk to your Attorney first before you leave for
Ireland.

Joe

    > Any help/experiences will be greatly appreciated ...
    > thanks in advance.
    > John.
    > --
 
Old Oct 22nd 2002, 2:21 am
  #3  
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Default Re: Travel during H1B Transfer

BUT somebody posted in this NG that travel is OK after H1B transfer is filed.
And this is what I understood from the following document also....
http://www.ins.usdoj.gov/graphics/la.../ac21guide.pdf

Please let me know if my understanding is correct.
Thanks in advance..

John.
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Old Oct 23rd 2002, 2:23 am
  #4  
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Default Re: Travel during H1B Transfer

Originally posted by JohnRestrik:
BUT somebody posted in this NG that travel is OK after H1B transfer is filed.
And this is what I understood from the following document also....
http://www.ins.usdoj.gov/graphics/la.../ac21guide.pdf

Please let me know if my understanding is correct.
Thanks in advance..

John.
Can someone please comment on this ?

Appreciate your time..

John
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Old Oct 23rd 2002, 5:07 am
  #5  
Ingo Pakleppa
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Default Re: Travel during H1B Transfer

On Tue, 22 Oct 2002 19:23:00 -0700, JohnRestrik wrote:


    > Originally posted by JohnRestrik:
    >> BUT somebody posted in this NG that travel is OK after H1B transfer is
    >> filed.
    >> And this is what I understood from the following document also....
    >> ]http://w-
    >> ww.ins.usdoj.gov/graphics/lawsregs/handbook/ac21guide.p-

    >> df[/url]
    >> Please let me know if my understanding is correct. Thanks in advance..
    >> John.
    > Can someone please comment on this ?
    > Appreciate your time..
    > John
    > --

See my other reply in this thread. In case it hasn't propagated to your
news server, here is a summary: in theory, you are right. In practice, I
wouldn't bet that the INS officers at the airport know about that.
 
Old Oct 23rd 2002, 4:54 pm
  #6  
Sylvia Ottemoeller
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Default Re: Travel during H1B Transfer

"JohnRestrik" wrote in message
news:452254.1035339780@britishexpats-
.com
...

    > Originally posted by JohnRestrik:

    > > BUT somebody posted in this NG that travel is OK after H1B transfer
    > > is filed.
    > > And this is what I understood from the following document also....
    > > ]http://-
    > > www.ins.usdoj.gov/graphics/lawsregs/handbook/ac21guide.p-

    > > df[/url]
    > >
    > > Please let me know if my understanding is correct.
    > > Thanks in advance..
    > >
    > > John.
    > Can someone please comment on this ?
    > Appreciate your time..

If you have a valid H-1B visa stamp from employer A, and you are now working
for employer B based on portability, and you have the I-797 Receipt Notice
for the H-1B petition of employer B, and a copy of the entire petition, and
a fresh letter from employer B, and if this travel is really important to
you, I think it is worthwhile to take the risk of travel outside the U.S.

However, you must be prepared for some inconvenience and delay. First, you
should retain a good immigration attorney, simply to be able to act quickly
in case you need it. You should carry the government memos which specify
how this type of entry to the U.S. should be handled by the INS officers at
the port of entry, and perhaps carry a brief from the attorney, explaining
everything.

If the INS officer gives you trouble, you will have to wait. Ultimately,
however, you will most probably be admitted.
 

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