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Quest99
12-14-2009, 03:39 PM
I am on H1, working for Company A. I got an offer from Company B and have filed for H1 transfer (premium processing) and got the EAC# receipt no. last friday(my H1 transferis yet to be approved). I am planning to join this new company B only by Jan 4th 2010. My last day with the old employer would be Jan3rd 2010 (I am yet to put my resignation papers here - will not inform until my H1 transfer is approved).

I have an emergency situation in India and I need to be there for a week. My questions are:

1. Can I travel using company A's visa while my H1 transfer with company B is still pending? (also, company B's attorney is sure that my H1 transfer will be approved during my travel period).
2. Will the immigration officers know about my H1 transfer?
3. Will I have any problem in the POE?
4. Also, for my H1 transfer I have given my current I94 (I 'll get a new I94 when I come back from India). Will the new I94 affect my H1 transfer process?
5. I believe that I will get a new I94 along with my approved I797 of company B. When will be the new I94 date effective from? will it be effective from Jan4th (joining date with company B)?

Please help me!

shana04
12-14-2009, 03:59 PM
1. Can I travel using company A's visa while my H1 transfer with company B is still pending? (also, company B's attorney is sure that my H1 transfer will be approved during my travel period).

Yes, you can


2. Will the immigration officers know about my H1 transfer?

No, until you tell them


3. Will I have any problem in the POE?

No, until you tell them. And do not give any hint to your previous company until you finish your one week of vacation


4. Also, for my H1 transfer I have given my current I94 (I 'll get a new I94 when I come back from India). Will the new I94 affect my H1 transfer process?

No, you are doing it right. but make a copy of all your I-94 before you leave the country. good to have hard copies for your self


5. I believe that I will get a new I94 along with my approved I797 of company B. When will be the new I94 date effective from? will it be effective from Jan4th (joining date with company B)?

It will be mentioned on the new I-94. then the old one would be of no use. you can send a copy of I-94 that you receive at the POE to your attorney (new employer) just to be on the safe side.

And always keep copies of I-94 for your records

Good luck on your trip.

Quest99
12-14-2009, 04:38 PM
Yes, you can


No, until you tell them


No, until you tell them. And do not give any hint to your previous company until you finish your one week of vacation


No, you are doing it right. but make a copy of all your I-94 before you leave the country. good to have hard copies for your self


It will be mentioned on the new I-94. then the old one would be of no use. you can send a copy of I-94 that you receive at the POE to your attorney (new employer) just to be on the safe side.

And always keep copies of I-94 for your records

Good luck on your trip.
Thanks so much for the reply shana.

I have one more question regarding my I94. When I come back from India with a new I94 at the POE and say that my H1 transfer is still not approved, Do I need to send the new I94 to my attorney(Company B) to send it to USCIS or it doesn't matter?

shana04
12-14-2009, 04:47 PM
Thanks so much for the reply shana.

I have one more question regarding my I94. When I come back from India with a new I94 at the POE and say that my H1 transfer is still not approved, Do I need to send the new I94 to my attorney(Company B) to send it to USCIS or it doesn't matter?

It doesn't matter, but to be on the safe side you can send him a copy of new I-94. It does not cost you!

Good Luck on your trip and transfer.

TC