I was working in company A in usa with a H1B visa valid till Aug 2017. I got new receipt number from company B (not approved yet) in APR 1st week 2016. I had to travel to India in Apr 2nd week. I have still not resigned from company A and I am working from india for company B.

NOW I wanted to start the employment with company B in usa in different state. So wanted to know if there will be any issues at Port of entry when ?

My h1b visa with company A is valid till Aug 2017.

My receipt for h1b transfer with company B is filed and not yet approved.

The moment you left US, B’s petition would be treated as consular processing and not EOS, which would have caused it to be approved w/ I-94 attached. So now you cannot make use of portability to join B as their petition is for consular processing.

In order to work for B, you either need to enter on approved B’s petition or enter on A’s petition, wait for B’s petition to be approved and then file amendment on B to get it approved w/ I-94.

You can upgrade B’s petition to try to get it approved before your return to US.

Thank you for quick response. Few queries

  1. Can I enter usa , do you forsee any issues at Port of entry in different state ?

  2. Also I have been told by my new employer attorney that I can work without any issues while receipt processing is in place. . Is there any issue

  3. I have not yet resigned from company A.l, I am planning to resign before few days of travel to usa

  4. ALSO as you have mentioned to upgrade the Bs petition how can I do that


Please help me as I need to urgently book tickets.


  1. Whose petition will be using to return to US?

  2. It is possible using H-1B portability which requires B’s petition to be applied w/ EOS (extension of status). However, once you leave US, B’s petition will be considered as consular processing and you cannot join them until it has been approved. Did your attorney know about travel plans before making this comment?

  3. You can upgrade B’s petition to premium processing and then it will be adjudicated within 15 calendar days. This way, it may get approved before you return to US and can then use B’s petition to enter US and work for them.

Yes Saurabh my employer B’s attorney is well aware of my travel plan from beginning only.

So once my new employer i797 is approved through premium processing then there will not be any issues at poe for me or my dependents ?

Does premium processing takes 15 days only or it may take more time ?

Is there anything I need to do for my dependents? I mean apart from premium processing of my I797.

Thank you so much in advance.

PP will take at most 15 calendar days unless RFE is issued. In that case, USCIS will put processing on hold until RFE response is received. Then a new 15 calendar day window is started.

No issues entering on B’s approved petition. No action required for dependents. As long as they have unexpired H-4 visa stamp and B’s petition gets approved, they can enter US.

Thank you Saurabh once again.

I have started following up with attorney for premium processing. Just wanted to know that do I have to go for stamping once again if I start premium proccesing ? My current h1b visa with company A is valid till sep 2017.

I don’t think new stamping is required if the old one is still valid. You can return on old visa stamp and new petition.