Travel during H1B Transfer

[hemantagar]

Hi

I'm looking for some help regarding H1B transfer rules and travel during transfer petition.

1> I'm working with company A currently and have got an offer from company B.
2> I'm intending to resign and begin my H1B transfer processing in premium queue with company B.
3> However i have a planned travel outside A, which i believe will fall after initiation of H1B transfer but before getting any transfer approvals.
4> Irrespective of the time for transfer approval, i need to work for my company A after coming back to serve the remaining notice period.

Now could there be any complications on my return to US in any of the following scenarios:

1> My transfer is approved before i left from US.
2> My transfer is approved after i leave US and before my return.
3> My transfer get approved after i return to US.

Thank you so much.

Hemant

[shervin143]

The best option in your cases is to return back and then file the transfer in premium.

1> My transfer is approved before i left from US.
>>> If the transfer is approved before you leave, then you have the option to join employer B immediately before your leave the country. If you continue to work for employer A and if you return back using employer A's approval notice, then you cannot work for B unless they file the transfer again. In your case, filing the transfer before you leave U.S is simply useless and waste of money.

2> My transfer is approved after i leave US and before my return.
>>> Same as above. If you enter U.S using employer A's approval notice, you can only work for that employer. You have the option to enter U.S using employer B's approval notice to work for them. If you enter using employer A's approval notice, then employer B should once again file a transfer or you should leave U.S and return back using employer B's approval notice before you can begin working for them.

3> My transfer get approved after i return to US.
>>> You are not supposed to leave the country when the transfer is filed and pending. If you do that, then the transfer will get approved for consular process. Unless you leave the country and re-enter using employer B's approval notice, you cannot work for them.