Travel while H1B transfer in progress

Asked 6 months ago - San Francisco, CA

I am employed with A, and A is in acquisition talks with B. Meanwhile I have a job offer from C that I plan to take up. C is just beginning the H1B transfer paperwork. I have a valid visa from A.
Because of personal obligations, I must inform about my new job to A now and that would mean B would not be continuing my employment.
I dont mind going out of the US for a short time before I have C's application approved.
1) Can I leave US while C is doing the paperwork and return once done? that would be wait till I797 is received?
2) I can still enter with the valid visa sponsored by A and dont need to go through consular processing before reentry, correct?

Thanks

Attorney answers (5)

  1. Giacomo Jacques Behar

    Pro

    Contributor Level 20

    4

    Lawyers agree

    Answered . 1) NO! Cannot, should not - ask the firm's immigration lawyer to explain to you why exactly not.
    2) NO, since you will no longer be working for A (or B) when you attempt to come back into the country.

    Kindly be advised that the answer above is only general in nature cannot be construed as legal advice, given that... more
  2. Ashkan Yekrangi

    Pro

    Contributor Level 17

    3

    Lawyers agree

    Answered . This matter should be address with the Company's attorney.

  3. Alexander M. Ivakhnenko

    Contributor Level 20

    3

    Lawyers agree

    Answered . You keep restating the same very question packaging it in different forms, whereas the only thing you requires is the counsel of record who should be handing your important immigration issues.

    DISCLAIMER The answer given above by the lawyer serves for educational purposes only and provides general... more
  4. F. J. Capriotti III

    Contributor Level 20

    3

    Lawyers agree

    Answered . This is a repeat question and, more importantly, you have failed to tell us what company C's immigration lawyer said.

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

    Pro

    Contributor Level 20

    1

    Lawyer agrees

    Answered . 1) Inform your employer of your plan to depart the U.S. and enter to work for them.
    2) If the H-1B visa continues to be valid, you may use it to enter the U.S. for a new employer whose petition in your behalf is approved.

    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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