H1 Stamping for Employer A while H1 transfer is in process for Employer B

[samfauzdar]

Hello,

I am currently in USA and need to go India for urgent work.
My stamped visa is expired so I cannot come back before stamping(I have extended petition) but recently I have accepted offer from another company and Visa transfer is in process. So I want to know if I can go to India and then go for Stamping for my current employer.

[shervin143]

Possible as long as you are planning to come back and work for the current employer. If you travel when the transfer is in progress, then the transfer might get denied (Petition might get approved without a new I-94). You have 2 options.

1) Come back using your current employer's petition and work for them. If you want to work for the new employer, then they need to file the transfer again.
2) Wait in India until the transfer gets approved (H1B might get approved for consular process). Return back using the new employer's petition and get an I-94 for their petition at the POE and begin working for them.