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Visit India while H1B transfer is in progress

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  • Visit India while H1B transfer is in progress

    I wanted to travel to India with my family but my H1B Visa is in transfer stage , I have not resigned from my existing company.
    Future company has filed my transfer recently in September[Not Premium] and In am travelling in October.Please suggest.
    My existing visa is valid till Sep 2016 and have valid stamping on my passport.I am worried if Visa gets transferred while I will be in India.Is it safe to travel or I should avoid travel completely.

  • #2
    If you travel, then the transfer might get denied and the H1B might get approved for consular process. If you haveto travel, then you have two options.

    1) Return back using your current employer's petition and work for them. You cannot work for the new employer unless a transfer is filed again or you should leave the country again and return back later using the new employer's petition to work for them.

    2) Wait in India until the new employer's petition gets approved and travel back using their petition and begin working for the new employer.

    Whichever employer's petition you show at the POE should be the employer you work after returning back.
    Not a legal advice. Use of this information is strictly at your own risk.


    • #3
      Visa transferred

      My question is that what will happen if my visa gets approved durig my stay in India.
      Will I be able to enter into states?