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Travel while H1B transfer is in process (from Cap-exempt to Cap-subject)

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  • Travel while H1B transfer is in process (from Cap-exempt to Cap-subject)

    Thank you for reading this. I will just cut to the chase...

    I am currently working for a non-profit company-A on a cap-exempt H1B Status (valid through mid-July 2015). I also have a valid visa stamp that will expire in Mid-July 2015. I recently got a new offer with a for-profit company B. They are going to file a new H1B petition (I am assuming a transfer petition?) with regular processing in April. I have a emergency situation and have to travel to my home country for two weeks from late March to early April, which coindices with this new H1B filing. For my H1B transfer to happen properly without any issues, I have the following questions below.

    1) Can I leave USA while my H1B Transfer is in process?
    2) Since my H1B status and visa are still valid, can I come back on the basis that I am continuing my employment with company A? My start date with company B is in October, so I will definitely stay with company A till July.

    Thanks in advance for answering!

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