Travel to India during H1 transfer with RFE and started working

USA
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1

Hi Anil,

There are 3 employers in picture in my case. Basically, i need to travel for 2 weeks to India on july 3rd but i have just received an RFE (employer-employee relation and specialty occupation) and plan to respond back in august. I am concerned about rfe but i guess it takes time to respond and get approvals before i come back from india, so basically transfer will be in pending status while i come back.

So, below are the 3 employers i am linked with:

  1. Company A - H1 Visa stamped until 2020 and i94 till 2020 but H1 revoked. (year 2017)
  2. Company B - H1B visa currently active but not yet stamped as i have valid stamp until 2020, i797 valid until 2021 as i transferred from company A last year to company B. H1B still not revoked, even though i initiated transfer to company C 4 weeks ago, they plan to hold it until i get my approval from C.
  3. Company C - New employer, where i have h1 transfer RFE in premium processing and started working 2 weeks ago with them.

Now, with this situation, can i travel to India for 2 weeks during my h1 transfer pending with Company C and has started working? If yes, then below are my questions;

  1. I understand i have h1 visa stamped with Company A on passport until 2020, can i enter US based on this stamp even if this company h1 revoked?
  2. What i797 should i show at the airport? The company B i797 which is a active visa and until 2021? But remember i started with company C on receipt notice and don’t have i797 yet as it got RFE.
  3. Does my i94 gets invalid if my company A h1b is revoked? I ask because when i get my latest i94 from cbp website, it still shows me valid until 2020 which is based from my h1 visa stamp from company A, although my current h1 is active on company B till 2021.
  4. Does the i94 date change with transfer? or is it just a travel record based on last visa stamp?
  5. If they ask me what company i work for, should i say company B or C? Since my active visa is on B but currently working with C on receipt. If C, then what proof can i give them, i might have to check if i will receive paystub.
  6. OR should i just say , i am working with Company B and show them i797, will they be able to know that i started with company C on receipt as i filed I-9 form on day 1 start?

Sorry, for the long questions, but i need to make this travel call quickly and wanted to weigh my options. I thought with visa stamp and i94 valid until 2020, i should be able to travel even if the stamp is from the company A which i am not working and has h1 revoked and I have active i797 with company B until 2021, although working for company C on receipt.

Let me know if you want any other information to understand.

Thanks,
MD

2

You get a new i94 with each H1B approval in US. You must have got a new i94 attached to H1B i797 when you got your company B H1B approval.

The company A i94 is superseded by the company B i94 at this time for you.

It is still a big risk to travel as you have started working for Company C for whom your H1B transfer is still pending. I do not suggest to to travel. The immigration officer may deny you entry. Its a 50-50 chance.

You cannot lie at the port of entry when you will show the approved Company B i797. Pending H1B transfer is not acceptable at port of entry. They only ask for approved ones.