Travel out of US after H1 transfer is approved, before joining new firm

[iamauser]

Hi,

I am presently working with Firm A on an H1b. Got a job offer from Firm B and the H1b petition they filed received an RFE! The attorney is working on providing the documentation for that.

Now, once the RFE clears (and H1b is successfully transferred to Firm B), can I travel to India for 2-3 weeks (while still being with Firm A), come back and then resign Firm A and join Firm B ?

If yes, do I have to let the Firm B (and the attorney) know of this before they file response to the present RFE ?

I am looking to do this since I have unused vacation time with Firm A and I know once I join Firm B, i will be tied up for 6-8 months.

Please suggest! TIA

[shervin143]

You can't do that. You need a valid I-94 to work for the H1B employer. Your transfer will come with a new I-94 attached, while you still have a valid I-94 with company A. So you have the option to either stay with employer A or move to employer B. When you leave the country, you have to return all your I-94 at the airport. If you return back on Company A's petition, then you will get an I-94 associated with their petition and you will have no I-94 associated with company B's petition, so you cannot work for company B. In order to work for company B, a transfer need to be filed again from A to B. Alternatively, you can return back using Company B's approval notice which will get you an I-94 associated with their petition and begin working for company B.

Hi,

I am presently working with Firm A on an H1b. Got a job offer from Firm B and the H1b petition they filed received an RFE! The attorney is working on providing the documentation for that.

Now, once the RFE clears (and H1b is successfully transferred to Firm B), can I travel to India for 2-3 weeks (while still being with Firm A), come back and then resign Firm A and join Firm B ?

If yes, do I have to let the Firm B (and the attorney) know of this before they file response to the present RFE ?

I am looking to do this since I have unused vacation time with Firm A and I know once I join Firm B, i will be tied up for 6-8 months.

Please suggest! TIA

[iamauser]

You can't do that. You need a valid I-94 to work for the H1B employer. Your transfer will come with a new I-94 attached, while you still have a valid I-94 with company A. So you have the option to either stay with employer A or move to employer B. When you leave the country, you have to return all your I-94 at the airport. If you return back on Company A's petition, then you will get an I-94 associated with their petition and you will have no I-94 associated with company B's petition, so you cannot work for company B. In order to work for company B, a transfer need to be filed again from A to B. Alternatively, you can return back using Company B's approval notice which will get you an I-94 associated with their petition and begin working for company B.

Thanks for the inputs. When you say, "Alternatively, you can return back using Company B's approval notice which will get you an I-94 associated with their petition and begin working for company B" , do you mean Quit Firm A, Join firm B and then travel outside US?

If yes, in that case, I also will have to get a VISA stamped on passport?

[shervin143]

I don't know what your terms are with employer A. You can go on a vacation. During your vacation if company B's petition gets approved, then you can travel back using Company B's petition and begin working for them immediately. If Company B's petition is denied, then you can enter back using employer A's petition and begin working for that employer. You can use any valid H1B visa to travel back. I mean, you can use a valid H1B visa stamped for employer A to travel back using employer B's petition.

Thanks for the inputs. When you say, "Alternatively, you can return back using Company B's approval notice which will get you an I-94 associated with their petition and begin working for company B" , do you mean Quit Firm A, Join firm B and then travel outside US?

If yes, in that case, I also will have to get a VISA stamped on passport?

[Sirisha Dudiki]

I don't know what your terms are with employer A. You can go on a vacation. During your vacation if company B's petition gets approved, then you can travel back using Company B's petition and begin working for them immediately. If Company B's petition is denied, then you can enter back using employer A's petition and begin working for that employer. You can use any valid H1B visa to travel back. I mean, you can use a valid H1B visa stamped for employer A to travel back using employer B's petition.

I am in similar situation. May i know what have you done and what is the correct way to reenter back to USA.