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Posted on 01 Dec 2009
Q.

Travelling outside the country with H1 transfer not approved yet

Hi,

I’m going through a H1B transfer process from company A to company B. They had to reapply for the LCA because of a typo after a query was issued for my application. They are waiting for the amended LCA to get approved and reapply for the H1 transfer. Can I still work under the previously issed EAC number?
I had my H1B stamped under the previous employer and my H1B expires on Jan 2011. I want to travel outside of the country on the 8th of December 2009. I know that I don’t need to get my visa stamped just because I changed employer but I want to know the risk of leaving the country with the transfer not being approved. I will be returing on the 22nd of December and what are the potential risk if I haven’t received my I797 form then or if my transfer is rejected.

Thanks,
Vish

User's Location: Clifton, New Jersey, United States of America
Category: H1B Visa (Work Visa)
Posted on 02 Dec 2009
A.
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Andrew M. Wilson
Immigration Lawyer
Serotte Reich Wilson, LLP
(716) 854-7525

www.srwlawyers.com

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