Travel to USA while H1B transfer is in RFE


#1

Hi, Can I travel to USA if My visa transfer petition is in RFE. I have H1 B vaild till 2014 dec, and approved extension with previous company till 2014 feb. I have all documents like offer letter paystubs from current company but not approved I 797 only receipt notice of I 797.


#2

Are you working for old employer or new employer?


#3

I am working for New employer, and as specified by Visa portability rules I can start working with new employer as soon as receipt notice is received. Does this means I can travel back to USA under portability rules.


#4

Yes, you can travel while H-1 transfer is pending. However, you should check w/ your attorney about what happens to the I-94. If your new petition is not approved by the time you return to US, you will be issued I-94 on the basis of old petition, and as your old I-94 would have been closed, no new I-94 will be issued along w/ approved petition. So what happens in that case.


#5

Hey Saurabh, thanks for updating … my Previous company would have revoked H1B, that is approved and so I94 wont be issued per that approved I797. while my current I 797 is in RFE which does not have any dates on it, so will they even issue a new I94? I am doubtful if i can even travel, while my employer is asking me to travel back asap.


#6

If you can upgrade your petition to PP so that you get an early result, that would be best. You will have an approved petition to return and will get the correct I-94 date.