No travel to the US while H-1B application pending?

[danielsz 0]

Hi all, any advice is appreciated.

 

I have a 2019 (yeah...) H-1B application for which I have a valid I-797 until next year. I've been waiting for my company to be able to provide me a job offer in the US so that I can apply for the actual visa. It's a bit odd though, my job description 5 years ago was quite a bit different from today's, so I'm fairly anxious about whether I'd get the visa approved.

 

I also have a work event in the US happening next week. I know we are told not to enter the US on a visitor visa (or ESTA) while our H-1B application is pending, but I'm leaning towards not using my H-1B after all and stay where I am now and/or plan towards an L-1 with an intra-company transfer.

 

My questions are:

- what exactly does don't travel on a visitor visa while your H-1B is pending mean?

- what were to happen to me at the border if I went with an ESTA next week? 

     - would it invalidate my H-1B but I could still enter the US?

     - would I be questioned and turned back at the border?

- am I right to worry about my job description having evolved in the 5 years since my application was approved? If so, I should cancel this H-1B anyway...

- if I cancel my H-1B application, do I have to do something? Tell someone?

 

Thanks again, my (company's) lawyers are extremely slow, unresponsive and generally apathetic

[Boiler 45,451]

A Company rule you would need to ask them.

[danielsz 0]

I'm sorry I'm not sure I understand your answer. If I travel, and enter the US with a visitor visa, the immigration officer will have to know if they can let me in, independent of my Company. Are you saying that I can travel and whether my H-1B is broken after this is up to my company?

 

I'm talking to HR and lawyers of course, meanwhile, but they're extremely slow to respond...