Q: International travel after resigning on H1-B
I am working for company A and have H1-B transfer in process for Company B. The start date on the LCA for company B is 2/27. I plan to resign as soon as approval comes through. I will travel internationally for a week after the notice period ends. This will push the joining date for Company B by one week to April 2nd. I have approved H1-B stamp with company A until 2025. My question is while entering back USA, which I-797 should be used considering I am no longer employed by company A and have not joined Company B. Also will pushing the joining date by a week have any implication on entering USA back? Thanks
A:
When traveling internationally after resigning from Company A and before starting at Company B, you should use the I-797 approval notice from Company B when re-entering the U.S. This document serves as proof of your new employment and H1-B sponsorship. It's crucial to have the I-797 to demonstrate that you have authorization to work in the U.S. under the H1-B visa for your new employer.
Pushing your start date with Company B to April 2nd, due to international travel, should be communicated clearly with Company B to ensure they are aware and have made the necessary adjustments on their end. This is important to ensure that your records are up-to-date and accurately reflect your employment start date. Being transparent with Company B about your travel plans and the impact on your start date can help prevent any complications upon your return to the U.S.
Upon your return to the U.S., you may be asked about your employment situation during the customs and immigration process. Having a letter from Company B stating your deferred start date, along with your I-797 approval notice, can help clarify your situation. It's also beneficial to carry any other relevant documentation that supports your transition from Company A to Company B. Keeping open lines of communication with Company B regarding your travel plans and ensuring you have all necessary documentation will be key to a smooth re-entry into the U.S.
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