H1B Transfer and Travelling outside USA

[skarthi146]

Hi,

I am looking for some advice on my situation.

I have H1B visa (sponsored by employer A) valid until 12/31/2014, and my i-797 also expires on 12/31/2014. Now i have got an offer from employer B and they are preparing the paper works to transfer my H1B under premium processing. But i am looking for travelling to India later this month and come back end of this month or first week December. I am trying to avoid to go for visa stamping this time.

I heard that i should not travel outside USA while my transfer is filed and decision is pending. So my questions are

1) Is it advisable that i travel to India and come back by end of Nov 2014, and ask employer B to file my H1B transfer under premium processing?

2) or Is it better to file my transfer by Employer B and get the approved docs (if they do so) and travel to India and come back without any new stamping; and in POE show the new approved doc to officer and try to get the i-94 valid until my new i-797 expiry date?

3) These are the 2 options that i have got based on my observations; if any other better option available?

Thank you in advance for your advice.

[raghvi]

Hi,

I am looking for some advice on my situation.

I have H1B visa (sponsored by employer A) valid until 12/31/2014, and my i-797 also expires on 12/31/2014. Now i have got an offer from employer B and they are preparing the paper works to transfer my H1B under premium processing. But i am looking for travelling to India later this month and come back end of this month or first week December. I am trying to avoid to go for visa stamping this time.

I heard that i should not travel outside USA while my transfer is filed and decision is pending. So my questions are

1) Is it advisable that i travel to India and come back by end of Nov 2014, and ask employer B to file my H1B transfer under premium processing?

2) or Is it better to file my transfer by Employer B and get the approved docs (if they do so) and travel to India and come back without any new stamping; and in POE show the new approved doc to officer and try to get the i-94 valid until my new i-797 expiry date?

3) These are the 2 options that i have got based on my observations; if any other better option available?

Thank you in advance for your advice.

Its never advisable to mix travel and change/travel and extension/travel and COS. Do it only if absolutely necessary.

So, I would advise you to file transfer in premium only after coming back. As it is with the automated I-94 system nowadays, there is very less likelihood of you getting an I-94 beyond your passport/visa expiry date so I dont see a value in travel after getting transfer approval but not going for visa interview.

This is my opinion not legal advice.

[skarthi146]

Thanks Raghvi