Travel to India during H1b Transfer from Company A to B

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Hello experts,

Even though I have seen similar cases I could not find actual answer to my scenorio.I have a valid H1B until Sep 20, 2015.I am about to travel to India on Oct4th,2014 and be back on Oct 26th, 2014.I got an opportunity in company B and they have asked me for details to initiate H1B transfer from Company A to B.I have ywo options with me.

1) Wait until I return back and start my H1B transfer.I dont now if company can wait intil i come back.
2) start my H1B transfer now and by the the time I come back I would have got an approved petetion.I have two questions here:
1--Do I need to go to visa stamping to consulate before travelling to US with new approved company B petetion.
2--If the process takes longer because of RFC or some issue, can I come back to US with my company A approved petetion and Visa?

Please suggest which is the best option.

Thanks a lot for your help!
Pavan

[raghvi]

Hello experts,

Even though I have seen similar cases I could not find actual answer to my scenorio.I have a valid H1B until Sep 20, 2015.I am about to travel to India on Oct4th,2014 and be back on Oct 26th, 2014.I got an opportunity in company B and they have asked me for details to initiate H1B transfer from Company A to B.I have ywo options with me.

1) Wait until I return back and start my H1B transfer.I dont now if company can wait intil i come back.
2) start my H1B transfer now and by the the time I come back I would have got an approved petetion.I have two questions here:
1--Do I need to go to visa stamping to consulate before travelling to US with new approved company B petetion.
2--If the process takes longer because of RFC or some issue, can I come back to US with my company A approved petetion and Visa?

Please suggest which is the best option.

Thanks a lot for your help!
Pavan

Best options are not always the options one would like to take. The best option in my opinion would be to file the transfer after returning. But as you said that the employer may not be willing to wait so long.
Are they filing the petition under premium processing? If not, then there is highly unlikelihood of getting an approval by Oct End.
As you have a valid H1 till Sep 2015, you technically need not go for fresh stamping and can travel on the existing visa along with the approved petition of the employer you would be working with post landing in US.

This is my opinion not legal advice.

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Thanks Raghvi!

They are doing a premium processing for my H1b transfer.if they apply it for next week.Can I
Travel to India while it is under process and assuming that it is under process when I return?I need to come back to company A and put papers and serve notice period.Can I do that once I am back?

If by the time I return form India assuming that it is complete and Got approved petition,can I still join Company A and serve notice period.As you mentioned that I don't need to got to consulate for stamping which is good thing.

Can I face any issue at port of entry on above two options?

Thank you!
Pavan

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Can any on the expert reply on my quiry please? Thanks a lot for your time
Pavan