Urgent - H1B transfer Doubt

USA H1B
,
1

Hi folks , first time in this situation:

It’s as follows:

  • My plan to travel India from USA (to cater some personal stuff) is 23rd Dec 2024 - 07th Jan 2025.
  • I am planning to accept new offer now and want to initiate the H1B transfer before travel, assuming that I will get new I797 online approval before departing (I think online I797 copies are accepted at port of entry, does not need to be paper I797 original copy).
    -At port of entry which I797 I should present ? Given that my joining date with new employer is 13th Jan 2025, and after entering to USA, I will still be working for my old employer for a week basically from 7th Jan - 10th Jan, before i start work with my new employer

Is it compliant as per rules or is there any risk doing above given that i get e-copy of I797 before i travel and things fall in place ?

Why I am asking this as if i travel with old employer’s I797 and present old employer’s I797 at port of entry in that case I94 of new employer I797 (which was already transferred) will not have port of entry dates of my latest travel updated, will that be an issue later ? I don’t know if I am overthinking or it;s something to worry about donot want to jeaopardize the plan and at the same time I am aplanning to telly my old employer that i would be leaving the company before travle so i am in it of situation to straight this out before i travel, if there’s a risk i will prefer to decline offer and wait.

2

I suggest to keep both i797 as you will be in the middle of transition from one employer to another.

Basically, the day you enter, you will still be working for old employer and hence, the officer would like to see that i797 too.

4

Thank you for your prompt reply Anil, appreciate it. It should be okay to have online approval I797, as it might be little tight to receive the mailed copy of it. Do you have information regarding that as well or have witnessed any instances if you can share that would be helpful. Thanks!