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Travel on Old Employer Valid Visa and with new Employer receipt notice

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asked Mar 25, 2017 by kollabobby (150 points)
Hi Team,

I travelled to India last week in an emergency and I am in India now, I have changed my employer a few months back and I am working for him although my H1 transfer is still in process, my new employer responded to an RFE and it is pending for approval.

However, I have my H1B Visa stamped with my old employer and it is  valid till 2018. Also, my previous employer has already revoked his petition against which I have the valid Visa.
But my new employer says I can travel back to US with my old employer Visa and with the receipt notice of my new employer ( as my new I797 is not approved yet and the transfer is still in process).

In this context, I  need one suggestion.  After I started working for my current (new) employer, I have changed my client once in between and I have my LCA and all documents from my current client and my H1 is not amended to the new client as my employer says he cannot amend my petition with my new client location as my transfer is pending, now that I have to travel back to US, my employer says, I can travel with my recent LCA and he says I can provide my current LCA and client letter (if I am asked for my documents at the Port of Entry) so will it be ok to travel on receipt without amendment (as my original petition is not yet approved) or will there be any issue at POE as my original H1 petition (which is pending for approval) was filed against a different LCA and Client?

 Please guide me in right direction as I have to travel back next week .

 Thanks for all your help and support.

 Regards,

 Bobby

1 Answer

0 votes
answered Apr 11, 2017 by vesaservices.com (1,254 points)
Bobby,

You can travel back with your pending H1B Receipt Notice. You need to show the previous H1B as the I-94 will still be valid (Although H1B was revoked). Please explain to the CBP officer that you are working with your new employer under H1B portability regulation, keep paystubs handy.

Forms Preparation fee for H1B (Extension/Transfer, Amendment) is $295.00 (includes Public Access file), H1B/I-140 RFE write-up Starts at $195.00, H4 EAD $95.00  and PERM/I-140 starts at $500.00, check us out at www.vesaservices.com or email at aditya@vesaservices.com

If you are looking for a Project or an H1B Visa Transfer, with Immediate GC Process, please call us at (800) 693-8939 or h1btransfer@hireitpeople.com

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