Travel during H1B transfer, Family emergency.

Asked over 1 year ago - Denton, TX

Hi, I am a H1B visa holder in the second year of my H1. i am switching companies from A to B.
1. I am working for A and have not resigned.
2. Company B is preparing the I-129 Petition and is planning on filing this week with Premium Processing.
3. My H1B visa stamp is valid until Dec 2014.
4. I have a family medical emergency in my home country (India)
5. When I return , I will still be employed with company A and give resignation notice afterwards.
1. Can I travel on approved Paid Time Off from Company A for 3 weeks to take care of family emergency in home country while my petition is pending with USCIS ?
2. Any suggestions/Advice?

Attorney answers (3)

  1. Giacomo Jacques Behar


    Contributor Level 20


    Lawyers agree

    Answered . 1. Talk to your EMPLOYER'S immigration lawyer.

    2. See my answer to #1 above.

    Behar Intl. Counsel 619.234.5962 Kindly be advised that the answer above is only general in nature cannot be... more
  2. Samuel Patrick Ouya Maina

    Contributor Level 19


    Lawyers agree

    Answered . I agree with Attorney Behar's succinct and accurate response.

    Samuel Ouya Maina, Esq. 415.391.6612 Law Offices of S. Ouya Maina, PC 332 Pine Street,... more
  3. Tripti Sharad Sharma

    Contributor Level 19


    Lawyer agrees

    Answered . 1) Travel should not be a problem
    2) Have company B filed after you return so they can seek extension of your status.

    This response is general in nature and cannot be construed as legal advice, given that not enough facts are known.... more

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