QUESTION
International travel with H1-B transfer petition pending
Asked on Feb 03rd, 2014 on Immigration - Wisconsin
More details to this question:
Hello I am about to put in 2 weeks' notice at my current job and travel internationally while the H1-B transfer to my new employer is pending. The current plan is to depart soon after the transfer petition has been filed, without waiting for the receipt notice. Is this a bad idea? Do I need to wait for the receipt notice, or approval notice, or neither (my current visa stamp is valid). Would it be legal for my current employer to allow me a month or so of unpaid leave while the transfer petition is pending? Would this impact the transfer in any way? Is travel just a terrible idea in general?
1 ANSWER
Immigration and Nationality Law Attorney serving New York, NY
Partner at
Alan Lee & Arthur Lee, Attorneys at Law
3 Awards
Travel is not a good plan during the time that an H-1B transfer petition is pending. Even if you have a valid visa in your passport from your present H-1B, you would not be admissible under the I-797 approval of the present employer since you no longer will work for the employer upon your return to the US. Without a new approval letter from your second employer, you are not admissible and the proper course would be for you to wait overseas until the H-1B transfer petition is approved.Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.
Answered on Feb 26th, 2014 at 10:16 PM