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Travel while H1B transfer in progress

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?


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Attorney answers 5


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 information and basic understanding of the applicable law. Take notice that the answer above does not create an attorney-client relationship as this website is not intended to provide anyone a specific legal advice. Anyone using the site expressly consents that there is no attorney client privilege between any person and any attorney responding. Further take notice that the site should not be used as a crude substitute for any professionally competent legal advice by a licensed professional attorney in the applicable jurisdiction. The attorney above attempted to provide a competent professional opinion, however, the law and its applications change frequently and vary greatly from other U.S. jurisdictions and locales. Therefore, any information and opinions expressed are general in nature, and may not apply to specific, factual or legal circumstances related to one's present legal issues. Contact an experienced lawyer admitted to practice in that State under an attorney-client privilege to further receive comprehensive legal assistance before making an educated decision about your particular legal issue. Respectfully, Attorney Alexander Ivakhnenko, Chicago, Illinois


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 does not constitute an attorney-client relationship. Also, keep in mind that this is an INTERNET BLOG. You should not rely on anything you read here to make decisions which impact on your life. Meet with an attorney, via Skype, or in person, to obtain competent personal and professional guidance.


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


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 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.


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. Any comments offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship. You are encouraged to seek independent and private counseling for a complete review of your case.

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