Q: H1-B approval while out of the country
I have H1-B transfer in process through an employer. I have not resigned from the current company and need to take an urgent international trip. Will there be an issue for re-entry on current company’s I-797 if the H1-B transfer approval comes while I am out of country?
A:
If your H1-B transfer is approved while you are outside of the country, generally, you should not face issues re-entering the U.S. using your current company's I-797, provided the visa stamped in your passport is still valid and was issued for your current employer. The I-797 form from your current employer acts as proof of your legal status and employment authorization in the United States up until its expiration date.
However, upon your return, if the H1-B transfer has been approved, it's important to carry the approval notice (I-797) for the new petition filed by your prospective employer. This document will be necessary to present to your new employer for record-keeping purposes and may be required for updating your status or in future visa applications.
Keep in mind, the situation could become complicated if your current visa expires while you are outside the U.S., or if there are other changes in your employment situation. In such cases, it may be necessary to obtain a new visa stamp in your passport before you can re-enter the U.S. under your new H1-B status. Therefore, staying informed about the status of your visa transfer and maintaining communication with your prospective employer during your travel is crucial.
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