H1B transfer

[usa7605]

hi,

I am working with company-A on H1B. I am planning to join company B. I will resign from the company and would like to go to India and then come back and work for company B and it might take a month before I come back to US. I have my visa stamping also to be done.

1. If company-B transfer petition get rejected, Can I still continue to work with company A, if I have not resigned.?
2. Will there be any issue if I go for visa stamping with company B petition, as I have not worked for them yet.
3. how long can I have a gap before joining the company B. As I would like to go to India and also get my visa stamped.

Please help me to get some clarity,

thanks

[usa7605]

Can any seniors help me on this.

Thanks

[raghvi]

Without associated dates it becomes difficult to assess the situation. When is your H1 expiring? When is your I-94 expiring? When are you planning to leave? IS B planning to file their petition in premium?

Are you planning to resign and immediately leave US? As otherwise you would go out of status without a job/pay.

1. Yes as long A's petition is still valid and they havent revoked it.
2. Dont see any issue as long as employer and employment are genuine.
3. While outside US? You can be cap exempt for 6 Years from your last valid pay date in US if time is still remaining on the H1.

This is my opinion not legal advice.

[usa7605]

Thanks.

My visa on passport expired on Nov 2012 and ext. petition and I-94 will expire on Nov 2015. I am planning to go to India by 15th July. And company B would apply it in premium and get the notice by 15th ( I suppose). then I would resign from company A and then travel to India get the stamping and comeback by end of Aug. And then join company B. Does this seems ok ?

[usa7605]

Please help me! do you see any issue here.

Thanks
Ravi

[raghvi]

Please help me! do you see any issue here.

Thanks
Ravi

Few things. B should apply H1 as Consular Process. You should not have any non paid days while in US. If you get successful stamping with B then you should enter and work with B.

This is my opinion not legal advice.

[usa7605]

Few things. B should apply H1 as Consular Process. You should not have any non paid days while in US. If you get successful stamping with B then you should enter and work with B.

This is my opinion not legal advice.

Thanks Raghvi,

Why should B apply for consular process.?