travel to US once H1 transfer is initiated


I have a valid H1 and my visa is stamped from 1st company. Now 2nd company has offered me a job and they need me immediately over there and initiated premium processing for cap exempt petition. Is it legal to travel over there when the petition is in pending state? If the new petition is denied/rejected do I need to leave the country immediately or can I stay for one or two months? I have to travel along with my family. I have valid B1/B2 as well, but my wife and son has only H4 visa.



If you intend to work for new employer after entering US, then you should wait for the cap-exempt petition to get approved. Once petitions is approved, you can travel w/ new petition and old unexpired approved visa stamp to work for the new employer.

Do NOT enter US w/ old petition to work for new employer.

Yes, I intend to work for new employer and I never travelled US, as per the attorney I can start working once transfer petition is filed, filing receipt is sufficient to begin working (but not be able to receive payment until the approval arrives). I am not sure the same logic holds good for people who do not have h1 status.

Why would you want to travel now when the petition is filed in PREMIUM. This means you will get a result in 15 days time. Trust me, NO COMPANY would need someone SO IMMEDIATELY. Especially considering the fact that US is headed into holiday season and practically NO WORK will be done starting early next week.

Are you sure they filed Premium for you? Again, as pointed out by Saurabh, DO NOT enter US with old petition.

If you are inside US, then you can start working and getting paid w/ new employer as soon as your transfer petition is received by USCIS. If you are outside US, you need actual approval notice for the employer you intend to work for.