H1 transfer and travel out of country

[raghumain]

Hi,
This may be the most common case. But i did not find any satisfactory answer for my situation. It would be great if someone helped on this.

I am currently working for company A with visa stamped till Nov 2014. I recently got a offer from company B and they are ready for h1 transfer with premium process. Company B is yet to start the process and they r waiting for client letter. Do we need a LCA before filing? How long will it take to initiate.?

Now the actual problem is, I want to travel to India within next 2 weeks. I am very much in a confused state on what to do.
1) Can i keep the new offer on hold and travel and come back after 2 weeks and ask them to start the filing?

2) Or if they start the process next week, can i travel and come back without any issues? Please note, i will be still with Company A with valid visa and petition.

3) Or plan for travel after the approval? How long will it take to get actual petition on hand?


Thanks for your time

[raghvi]

Hi,
This may be the most common case. But i did not find any satisfactory answer for my situation. It would be great if someone helped on this.

I am currently working for company A with visa stamped till Nov 2014. I recently got a offer from company B and they are ready for h1 transfer with premium process. Company B is yet to start the process and they r waiting for client letter. Do we need a LCA before filing? How long will it take to initiate.?

Now the actual problem is, I want to travel to India within next 2 weeks. I am very much in a confused state on what to do.
1) Can i keep the new offer on hold and travel and come back after 2 weeks and ask them to start the filing?

2) Or if they start the process next week, can i travel and come back without any issues? Please note, i will be still with Company A with valid visa and petition.

3) Or plan for travel after the approval? How long will it take to get actual petition on hand?


Thanks for your time

1. Yes.
2. I would say avoid this route.
3. Yes , doable, it may take upto 2-3 Months if filed as normal processing.

Either travel after transfer approval or file transfer after travel.

This is my opinion not legal advice.