Can I travel internationally when H1b transfer is pending?

Asked about 2 months ago - New York, NY

I have ported my old H1b status to the new company, which I started working for April 21. I should get my H1b approval in 2 months--say late June. However, I need to travel abroad now for family reasons and it is very urgent. I still have a visa stamp from my old company, which is valid till June 30th. Is it possible to make a quick trip back to China and come back to U.S. before June 30th while my new H1b is still pending? Thanks so much for your help.

Attorney answers (5)

  1. Karin Wolman

    Pro

    Contributor Level 16

    4

    Lawyers agree

    Answered . It is not possible to travel abroad & reenter on the old H1B visa, without an H1B approval notice for the new employer, two months after you have stopped working for the old H1B employer.

    This is general information only. It is not intended as a substitute for legal advice, and does not create an... more
  2. Giacomo Jacques Behar

    Pro

    Contributor Level 20

    5

    Lawyers agree

    1

    Answered . No, that would not be a wise move at all on your part, considering you are no longer working for the original employer through whom you got your H-1B visa and your current EMPLOYER'S petition has not yet been approved. If you insist I suggest you talk to your employer about "elevating" its current pending petition to Premium Processing.

    Kindly be advised that the answer above is only general in nature cannot be construed as legal advice, given that... more
  3. Lourdes Milagros Leal Oteiza

    Contributor Level 11

    5

    Lawyers agree

    Answered . If your started working for your new company on April 21, then you are no longer working for the old company for whom your initial H-1B visa was under and that visa is no longer valid. Once you receive approval on your H-1B transfer then you can obtain a new visa through your H-1B for the new company and return to the US on that visa. Consult with your new company's immigration attorney for more details.

    This answer is for informational purposes and does not take the place of a consultation with an experienced... more
  4. F. J. Capriotti III

    Contributor Level 20

    5

    Lawyers agree

    Answered . Talk to the new company's lawyer about premium processing.

    PROFESSOR OF IMMIGRATION LAW for over 10 years -- This blog posting is offered for informational purposes only. It... more
  5. Christina Kan

    Contributor Level 3

    3

    Lawyers agree

    Answered . Premium Processing is a great way to for your case to be expedited. If your attorney emails premium processing and presents evidence of your family emergency, Premium Processing has the discretion to expedite your case even faster than the 15 days.

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