H1 transfer when on vacation in India?

[Ravi415]

Hi,

I have valid visa till sep 2016 with company A and I am currently working in US for company A. I'm planning to go on a vacation to India. Meanwhile company B is interested in transferring my visa.
1) Can company B initiate transfer petition when I am in India?
2) if company B petition gets approved, can I enter back to US with my old employer petition so that I want to serve my notice period for few days and later Planning to join company B.
3) will denial of company B petition impact my re-entry in US, though I have valid visa and petition with old employer?

Thanks in advance.

[shervin143]

1) Can company B initiate transfer petition when I am in India?
>>> Yes. But that petition will be filed for consular process. meaning, after you return back, even if company B's petition gets approved, you cannot join them unless you leave the country and return back using company B's approval notice or company B files an amendment to get an I-94 associated with their approval notice.

2) if company B petition gets approved, can I enter back to US with my old employer petition so that I want to serve my notice period for few days and later Planning to join company B.
>>> It doesn't work that way. If you enter U.S using Company A's petition, then you can work only for that employer. To work for employer B, they will need to file the transfer again or you need to leave and return back using employer B's petition. If you enter U.S using employer B's petition, then you can work only for employer B.

3) will denial of company B petition impact my re-entry in US, though I have valid visa and petition with old employer?
>>> Nope. If company B petition gets denied, then you can still enter U.S using Company A's petition as long as that job exists and you will be working for them.

The best option in your case is to return back and then file the transfer from A to B. That way, company B's petition will get approved with a new I-94 and you will also get time to serve the notice period.