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  • H1B transfer

    I am currently working in USA on H1B. My new employer has already applied for H1B transfer for an advanced date under portability.
    I would like to resign from my current employer and leave for my home country before I start my new job. After I reach my home country, I will apply for visa stamp back at my home country and when it is approved, come back to join my new employer. I have several questions regarding this.

    1. Will it effect in any way my new H1B approval/H1B status? i.e. Do I need to maintain my current H1B status since my new H1B is filed under portability laws.
    2. If I resign and leave for my home country, will it effect in any way H1B stamping in my home country?

    In general, will "resigning and leaving the country" have any effect on anything that I do in future e.g. apply for H1B extension or green card?
    Last edited by USA_H1B_transfer; 05-08-2015, 04:22 PM.

  • #2
    Originally posted by USA_H1B_transfer View Post
    I am currently working in USA on H1B. My new employer has already applied for H1B transfer for an advanced date under portability.
    I would like to resign from my current employer and leave for my home country before I start my new job. After I reach my home country, I will apply for visa stamp back at my home country and when it is approved, come back to join my new employer. I have several questions regarding this.

    1. Will it effect in any way my new H1B approval/H1B status? i.e. Do I need to maintain my current H1B status since my new H1B is filed under portability laws.
    2. If I resign and leave for my home country, will it effect in any way H1B stamping in my home country?

    In general, will "resigning and leaving the country" have any effect on anything that I do in future e.g. apply for H1B extension or green card?
    No I dont see any effect due to this. As long as you have all valid documentation to enable a successful stamping with the new employer, I dont see an issue.

    Few things though, you should leave US on or before your last payday with current employer, and you would need new employer's approved I797, along with other relevant documents in order to attend visa stamping for their petition.

    This is my opinion not legal advice.

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