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Travel during H1B transfer, Family emergency.

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.
Questions:
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. 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 construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.


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

    Samuel Ouya Maina, Esq. 415.391.6612 s.ouya@mainalaw.com Law Offices of S. Ouya Maina, PC 332 Pine Street, Suite 707 San Francisco, CA 94104


  3. 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. Any comments offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship. If you would like additional information based on this response, please contact my office at 510 657 7665 or 415 902 0832 to schedule a consultation.

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