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International travel with old employer while H-1B transfer underway question

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  • International travel with old employer while H-1B transfer underway question

    Hello,

    I looked through this forum for this question but couldn't find one which exactly matched my question. So here it is.

    I have a question regarding H-1B transfer.

    I am presently working with employer A under a H-1B visa and I have two years remaining on it.

    I recenlty got a job offer from company B and they filed for a H-1B transfer. I am yet to receive
    the H-1B transfer receipt as it is expected to take 2 - 3 weeks before this happens.

    I plan to travel internationally once a H-1B transfer receipt number is assigned while I am still working with employer A.
    Once I am back from my international travel, I plan on intimating employer A and eventually working for employer B.

    Questions:
    Do I risk re-entry because of international travel while being assigned a H-1B transfer receipt?
    Do I have to deal with any American consulate matters while I am at the foreign country due to the H-1B transfer process?
    Other than the usual documents, is it expected of me to show any other special proof due to the H-1B transfer?
    At what stage will employer A come to know about the H-1B transfer request from employer B and could this cause a problem?

    Thank you all in advance.

    Allan

  • #2
    Do I risk re-entry because of international travel while being assigned a H-1B transfer receipt?
    >>> Yes. You are not supposed to leave the country when the transfer is in progress. If you leave, either the transfer will get denied or will get approved for consular process. You cannot join employer B after you return back using employer A's approval notice. Your best option is to return back and then file the transfer. Or return back only after the transfer gets approved using Employer B's approval notice and immediately start working for employer B.

    Do I have to deal with any American consulate matters while I am at the foreign country due to the H-1B transfer process?
    >>> No.

    Other than the usual documents, is it expected of me to show any other special proof due to the H-1B transfer?
    >>> Nope.

    At what stage will employer A come to know about the H-1B transfer request from employer B and could this cause a problem?
    >>> They won't know until you tell them.
    Not a legal advice. Use of this information is strictly at your own risk.

    Comment


    • #3
      Originally posted by AllanMullaly View Post
      Hello,

      I looked through this forum for this question but couldn't find one which exactly matched my question. So here it is.

      I have a question regarding H-1B transfer.

      I am presently working with employer A under a H-1B visa and I have two years remaining on it.

      I recenlty got a job offer from company B and they filed for a H-1B transfer. I am yet to receive
      the H-1B transfer receipt as it is expected to take 2 - 3 weeks before this happens.

      I plan to travel internationally once a H-1B transfer receipt number is assigned while I am still working with employer A.
      Once I am back from my international travel, I plan on intimating employer A and eventually working for employer B.

      Questions:
      Do I risk re-entry because of international travel while being assigned a H-1B transfer receipt?
      Do I have to deal with any American consulate matters while I am at the foreign country due to the H-1B transfer process?
      Other than the usual documents, is it expected of me to show any other special proof due to the H-1B transfer?
      At what stage will employer A come to know about the H-1B transfer request from employer B and could this cause a problem?

      Thank you all in advance.

      Allan

      Comment

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