Legal Question in Immigration Law in New Jersey

H1b Transfer pending, need to travel abroad

Hi,

I got my Visa Stamped through comapnay A in Nov 2007 . On Jul 2008 , I left compnay A and Company B filed my H1 transfer. At Present my H1B approval is pending. Also company A has revoked my H1B Visa.

I need to go to India on 26thNov-08.
Since my previous company has already revoked my Visa when I joined my current company, do I need to go for stamping while re-entering in US.My Visa is valid till 2010.
Also my approval is pending, can I enter US only on the basis of following:

1. Reciept Notice of current H1B visa transfer
2. Valid H1B Visa till 2010 ( even if previous comapny has revoked my Visa)

Asked on 11/11/08, 4:12 pm

2 Answers from Attorneys

Rachel Baskin Rachel Baskin, Attorney at Law

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Re: H1b Transfer pending, need to travel abroad

Based on your post, it seems as though you will need a valid visa in order to reenter the US since your prior H-1B has been revoked. If you must travel, and do not have the approval notice, you should consider upgrading your case to premium processing so that USCIS will adjudicate your case faster and so that you will have the approval notice to be able to apply for a new visa.

Answered on 11/11/08, 4:16 pm

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