Tweet
I know this question is asked many times in immigration forums , but I couldnt locate a solid answer anywhere. So trying to repost again.
I am working for company A under H1B and just got an offer from company B. Company B is going to transfer my H1 under premium processing which they say will be completed in 4 to 6 weeks.My problem is that I have to go to my home country in another 4 weeks.So I could be in my home country when my new H1 gets approved. I do have valid H1b visa stamped till Oct' 2014.
Can someone please let me know whether will it create problems during my new H1B approval or during my port of entry ?
When the company B submits the H1B petition, they submit my current I 94. But when USCIS processes my new H1 , that I94 might not be valid because I would have gone out of US. Will that create problems like RFE OR petition rejection ?
If the H1B is approved, can I travel back to US with the new approved petition of company B or should I use the old petition filed by company A ? (even though I have not joined the company B)
Also , If the petition is approved when I was in India , the I-94 attached to the petition will be valid ? asking this because I will get a new I-94 during port of entry . Want to know which of those two will be my effective I-94?
Its a long awaited trip , so I dont want to cancel the trip to home.
Most of the forums I searched , it was mentioned that its not 'advisable' to go out of the country during the H1B process. I just would like to know exactly what will be the consequences/risk involved ? Will it be just RFE or will the petition itself will get rejected ?
Please clarify.
I am working for company A under H1B and just got an offer from company B. Company B is going to transfer my H1 under premium processing which they say will be completed in 4 to 6 weeks.My problem is that I have to go to my home country in another 4 weeks.So I could be in my home country when my new H1 gets approved. I do have valid H1b visa stamped till Oct' 2014.
Can someone please let me know whether will it create problems during my new H1B approval or during my port of entry ?
When the company B submits the H1B petition, they submit my current I 94. But when USCIS processes my new H1 , that I94 might not be valid because I would have gone out of US. Will that create problems like RFE OR petition rejection ?
If the H1B is approved, can I travel back to US with the new approved petition of company B or should I use the old petition filed by company A ? (even though I have not joined the company B)
Also , If the petition is approved when I was in India , the I-94 attached to the petition will be valid ? asking this because I will get a new I-94 during port of entry . Want to know which of those two will be my effective I-94?
Its a long awaited trip , so I dont want to cancel the trip to home.
Most of the forums I searched , it was mentioned that its not 'advisable' to go out of the country during the H1B process. I just would like to know exactly what will be the consequences/risk involved ? Will it be just RFE or will the petition itself will get rejected ?
Please clarify.
Comment