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URGENT: Travel during H1B Transfer

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  • URGENT: Travel during H1B Transfer

    Hi guys,

    I know you may have come across this question earlier, but I read through the forums and did not see a satisfactory answer for my situation, so here we go:

    I work for company A full time and my I-797 and I-94 have expiry date until July 2015 or something. I am planning to quit company A and join company B soon. However, I have a Europe travel planned between 26th Feb and 9th March. Now, should I move to B before travelling or after coming back. I am afraid if I delay the move too much, then the offer might not hold that long. If i start the process now, then i am scared if I can travel with a pending H1B transfer. Please help.

    Thanks
    Sanjay

  • #2
    URGENT: Travel during H1B Transfer

    I guess, even if you decide to start the transfer process in premium now, you cannot get this done before your travel by considering the time takes to get LCA approved.

    If I am you, I would complete my trip first (If it is not avoidable) and then initiate the transfer process in premium, once I get the approval for the new company, then I would start working for that company.

    This is my opinion.

    Comment


    • #3
      Originally posted by kadkhiq81 View Post
      I guess, even if you decide to start the transfer process in premium now, you cannot get this done before your travel by considering the time takes to get LCA approved.

      If I am you, I would complete my trip first (If it is not avoidable) and then initiate the transfer process in premium, once I get the approval for the new company, then I would start working for that company.

      This is my opinion.
      I hear you. If, lets say, I initiate the transfer process now, am I allowed to travel outside of US? In that case, what documentation will I need to providde when I return?

      Comment


      • #4
        URGENT: Travel during H1B Transfer

        In general, people are advised to not to travel when the petition under progress to avoid any confusion.

        You can initiate the LCA process now and then can travel while it is under process. Once you come back, apply for h1 transfer in premium mode. That seem to be better if you ask me.

        This is my opinion.

        Comment


        • #5
          Originally posted by kadkhiq81 View Post
          In general, people are advised to not to travel when the petition under progress to avoid any confusion.

          You can initiate the LCA process now and then can travel while it is under process. Once you come back, apply for h1 transfer in premium mode. That seem to be better if you ask me.

          This is my opinion.
          Ok Thanks. Now, it will become a problem if I quit company A after taking a vacation for 12 days I was trying to see if I can avoid that situation.

          Comment


          • #6
            Originally posted by sanjayksai View Post
            Ok Thanks. Now, it will become a problem if I quit company A after taking a vacation for 12 days I was trying to see if I can avoid that situation.
            Hi,

            One last question. Lets say company B apply's for my transfer and I get the labor certification done before I travel. And let's say I quit company A before I travel. Will I have problems entering the US, given that I am no longer employed with company A, but employed with company B (only with labor done, and actual transfer still pending)?

            Thanks
            Sanjay

            Comment


            • #7
              URGENT: Travel during H1B Transfer

              Yes, it might be an issue as you are entering the country for the employer that you are not going to work for.

              Having said that, you don't have to go for stamping as long as you have a valid visa during the travel and if you have an approved petition with the employer B.

              Comment


              • #8
                Traveling to india when h1b transfer is in progress.

                Hi
                I have a valid h1b visa stamped for next 3 years say 2018 from employer A, now B company is filling my h1b transfer next week.
                My query is -
                1. can i go to india during my h1b transfer is in progress ?
                2. will i be able to enter US with my current stamped visa ?
                3. If answer of 2nd query is No, what if i don't join B company. Till what duration i can't visit india ?

                Thanks.

                Comment

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