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  #1  
Old 12-22-2016, 02:23 AM
mechvijays mechvijays is offline
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Default travelling to us from India without petition approval

Hi,

I have my passport stamped till 2018 from old employer.
I got job in new employer and did a normal H1B Transfer. Still the status is showing as case was received.
Old employer has cancelled my petition.
Now i came to India, my new employer told not to file premium. you can come with H1B transfer receipt itself.

i have my visa stamped till 2018.
i have H1b Transfer petition receipt only and old employer petition is cancelled.

can i able to clear the Port of Entry in USA.

or shall i ask my new employer to file Premium and one it got approved then go to stamping and start to USA? ,

Please give my suggestion.

Thanks,
Vijay
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  #2  
Old 12-22-2016, 11:08 AM
idrismca idrismca is offline
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Default Re:

I dont think you can enter without getting your visa stamped. your new employer and their lawyer should know this
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  #3  
Old 12-22-2016, 07:20 PM
mechvijays mechvijays is offline
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Default

but my attorney is saying that i can come with just the receipt since in my passport the validity is still 2018.

i m confused since my old petition is cancelled.

if i come to us and if am denied at port of entry and went back to india. whether i can raise premium for my transfer and once it got approved whether i can travel to US by stamping it.
or any issue while applying for premium ,since i was denied at port of entry.
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  #4  
Old 12-22-2016, 07:52 PM
mechvijays mechvijays is offline
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Default

Hi All,

i found the below link, can u tell what is actually telling. by this whether i can come with just the receipt,

Thanks in advance

http://www.caisct.org/Customized/upl...NT/VisaFAQ.pdf

AC21 section 105 portability provision


Can an H-1B Holder who starts starts working for his new employer under the AC21 section 105 portability provision leave the U.S. and re-enter before his H- 1B Transfer petition has been approved?

Yes, but in order to re-enter the U.S., the H-1B holder should have a copy of the I-797 Filing Receipt showing that the petition was filed and should have a letter from the new employer stating that the H-1B holder is currently working for the new company. An H-1B applicant for admission who is no longer working for the original petitioner is admissible at a POE, pursuant to portability in AC21, as long as certain conditions listed below are met. If these conditions are met, the H-1B applicant is admissible to the validity date of the previous H-1B petition, plus ten days. H-4 applicants for admission, who are dependants of H-1B aliens employed pursuant to visa portability provisions, must meet these same requirements: The applicant is otherwise admissible. The applicant, unless exempt under 8 CFR 212.1, is in possession of a valid, unexpired passport and visa (including a valid, unexpired visa endorsed with the name of the original petitioner). The applicant establishes to the satisfaction of the inspecting officer that he or she was previously admitted as an H-1B or the otherwise accorded H-1B status. If a visa exempt applicant is not in possession of the previously issued Form I-94, Arrival/Departure Record, or a copy of the previously issued I-94, the applicant may present a copy of the Form I-797, Notice of Action, with the original petitionís validity dates. The applicant presents evidence that new petition was filed timely with the Service Center, in the form of a dated filing receipt, Form I-797, or other credible evidence of timely filing that is validated through a CLAIMS query. In order to be a timely filing, the petition must have been filed prior to the expiration of the H-1Bís previous period of admission. It must be emphasized that the burden of proof remains with the alien to prove that he or she is admissible as an H-1B and eligible for a visa portability provisions described in AC21.
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  #5  
Old 12-25-2016, 08:35 AM
krupa krupa is offline
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Please consult an attorney. As told to me by my attorney, earlier,
that after filing transfer petition, it is not adviced to leave USA, which may be treated as ' transfer petition is abondoned.
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