Legal Question in Immigration Law in California

H1 transfer Pending Travel abroad

Hi, I have my H1 stamped on Sep'08

by Company A, now i have switched my Company to Comapny B on 19th Jan '09,

But i had to make a travel on 14 Feb'09 and return back in 1 week.

Please suggest me a way in which i can do so, and what are the Doc ia have to carry with me at the Port of entry.


Asked on 1/22/09, 3:05 pm

3 Answers from Attorneys

Larry L. Doan Law Office of Larry L. Doan

Re: H1 transfer Pending Travel abroad

Since your H-1B petition to work for Company B is pending as you state in the title, you probably have by now (or will have soon) a receipt notice from the USCIS Service Center. On your return at the POE, show the inspector that receipt, along with your still-valid H-1B visa stamp in your passport, and the documentation packet that your lawyer did in filing the H-1B petition (the pending one). The inspector will probably want to see Company B's letter of offer of employment to you in the packet, so make sure you can point to it quickly.

Larry Liem Doan, Esq.

Note: The above response is provided for information only and should not be construed as legal advice, nor to create an attorney-client relationship, which can only be established through payment of consideration.

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Answered on 1/22/09, 3:44 pm
Alice Yardum-Hunter Alice M. Yardum-Hunter, a Law Corp.

Re: H1 transfer Pending Travel abroad

Assuming all is in order, which I really can't assume and would need to consult you to know, the old visa for company A, a valid passport, the new I-797 Approval Notice, plus a letter from the new employer should do it.

For more information, write to me at [email protected] or check me out at http://www.yardum-hunter.com.

Sincerely,

Alice M. Yardum-Hunter, Attorney at Law, Certified Specialist, Immigration & Nationality Law, State Bar of CA, Bd. of Legal Specialization

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Answered on 1/22/09, 5:38 pm
Joseph La Costa Joseph La Costa, Attorney at Law

Re: H1 transfer Pending Travel abroad

Don't travel before consulting an attorney, if you are in Southern California contact us.

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Answered on 1/26/09, 2:11 pm


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