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Immigration Issues/H1 Transfer in process - Travel abroad


I apologize if the question is repeated. My situation is like this,
- Working on H1 for Company A since Aug 06. I am employee of its subsidiary in home country and working at its client site in US.
- Original H1 was expiring on Oct 07 so got it extended till Oct 09. Not stamped since then.
- Now planning to apply( or assume already applied) for H1 transfer to company B
- Need to travel back to home country by March 5th and will be on company A's payroll in home country.
- I have all documents, W2s, Tax Filing proofs etc.

My question is will I face any problem if I travel abroad during the process? Is there any risk of me going out of status? Do I need to start processing new H4 for my wife? Your reply will be greatly appreciated.

Thanks in advance
Goga Master

Generally speaking, since it is an extension of your H visa, travelling outside the US during the process is permitted. If the H is approved prior to your return you would need to obtain the approval notice and present it at the time of entry. This would allow you to obtain admission for the extension period also.

I cannot answer your questions definitely, since you have not stated if you are planning to come into the US to work for Employer A or B.

Ramasamy Krishnan

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Ramasamy Krishnan


Immigration particularly business immigration and National Interest Waivers.


I have over 7 years of experience in all facets of immigration law. Specifically focusing on filing of National Interest Waivers (NIW), Alien of Extraordinary Ability and Outstanding Researchers/Professors petitions for Ph.D's and other advanced degree professionals. I have also assisted clients in numerous PERM, H-1b, L and other nonimmigrant visa applications. I am a partner at the law firm Ashley & Krishnan,

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