Navigating International Travel While Pending an H-1B Transfer

When dealing with an H-1B transfer, the decision to travel internationally can be complex, with significant implications for both your current and future status in the United States. This article aims to provide clarity on the options available and the potential challenges involved.

Travel Options and Their Implications

When you are in the process of transferring your H-1B status to a new employer (Employer B), you have two main options regarding international travel:

Travel While Transfer is Pending

If you choose to travel abroad while your H-1B transfer petition with Employer B is still pending, you face the risk of facing challenges upon re-entry to the United States. To re-enter, you would need a valid visa stamp from your current employer, Employer A. If your visa has expired or if you are changing employers, it might be safer to wait until the transfer is approved before traveling.

Travel After Approval

Once your H-1B transfer petition with Employer B is approved, you can travel abroad and re-enter the U.S. using the new approval. However, this typically requires a new H-1B visa stamp in your passport, which you would need to obtain through a visa interview at a U.S. consulate or embassy international.

Recommendations

Given the complexities and potential risks involved, it is highly advisable to:

Consult an Immigration Attorney: An experienced attorney can help you understand the specific implications of your situation and provide tailored advice.
Consider Timing: If possible, it is generally safer to travel after the transfer is approved and you have obtained the new visa stamp. This can help avoid potential complications like having your petition abandoned.
Seek Advice from Your New Employer’s Law Firm: The attorneys who will assist with the H-1B transfer may have specific recommendations based on the preferences of Employer B and the premium processing options available.

Common Misconceptions and Updates

It is important to note that opinions on this matter can vary. Some law firms recommend traveling as long as you have a valid and unexpired H-1B visa, while others advise waiting until the approval notice is obtained. USCIS has the authority to approve your H-1B through consular processing if you travel while your petition is pending, potentially viewing it as an abandonment of your status. To avoid unnecessary risks, consider seeking advice from the legal team at your new employer.

It's crucial to remember that I am not an attorney, and this information should not be taken as legal advice. For detailed, personalized guidance, consult with a legal professional specializing in H-1B petitions and immigration law.