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H1B changing employer with a gap and travel to India

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  • H1B changing employer with a gap and travel to India

    Hello forum,
    I need your help with my current situation. Thanks in advance for your help.

    I am currently working for company A and on H1B visa which is valid till July 2017. I have accepted an offer from a company B. The joining date at company B is Jan 25th, 2016. Company B has filed my LCA for H petition and it is approved for Jan 23rd, 2016. They are filing the H petition next week.

    I have told my current company A that my last date would be Dec 31st, 2015. I am planning to travel to India between Jan 1st and Jan 23rd. The new company has said that they will mail the necessary documents like I-797, offer letter etc. Based on this scenario I have a few questions:

    1. Is it safe to travel? I have a gap of 3-4 weeks between the last day of current company and the new company.

    2. What will be my status post Dec 31st till Jan 23rd? Is it relevant since I would be outside US?

    3. Is there a chance that my H1B could be rejected after LCA approval? If it is rejected can I not come back to US?

    4. Should I get my passport stamped with new H1B visa from company B?

    Kindly advice. I feel that my situation is slightly precarious.

    Thanks.

  • #2
    1. Is it safe to travel? I have a gap of 3-4 weeks between the last day of current company and the new company.
    >>> No issues since you will be outside U.S during that 3 week period. Staying in H1B status in U.S without a job is what will create issues. You are good.

    2. What will be my status post Dec 31st till Jan 23rd? Is it relevant since I would be outside US?
    >>> You will be in no status since you will be outside U.S.

    3. Is there a chance that my H1B could be rejected after LCA approval?
    >>> Possible. LCA is needed to file H1B. LCA approval does not guarantee you H1B approval. LCA is with DOL and H1B is with USCIS.

    If it is rejected can I not come back to US?
    >>> You can come back if your previous employer is willing to give your job back. Or you need to file a new employer and file the transfer and when the transfer gets approved, you can travel back.

    4. Should I get my passport stamped with new H1B visa from company B?
    >>> Advisable to do so. The I-94 issued at the POE can be only till the visa expiry date.
    Not a legal advice. Use of this information is strictly at your own risk.

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