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  • H1b Transfer and Timeline Dilemma

    my situation :

    i am on H1b for company A and have an offer from Company B
    i also have my visa stamped for company A till May 2017

    now i have my vacation planned to india from end of November till dec 25th and plan to join Company B once i come back

    none of the Immigration process started yet from Company B's side..

    now the dilemma is i wont have enough time to get my h1b process done with Company B before i leave so i plan on leaving with Company A h1b, come back with it and then start the process with B and switch over .. both A and B companies are aware of this plan and are ok with it ..

    but the thing is company A wont hold my h1b more than a week after i come back (which obviously may be not enough time to file H1b)

    so

    ???? Can i get my labor done while i am gone and in india from company B's side and once i come back file for H1b and switch over ?

    ???? Company Bs law firm says H1b can be filed and processed when im in India .. my understanding is Travel is not allowed when h1b is in process ? correct ?

    even if its ok to file and process company Bs h1b in premium while im gone .. can i still enter back into USA if company Bs H1b is still under process by the time i return ?

    if i get company Bs h1b approved while i am in india .. do i have to get a new Visa stamped with company B before i come back ??




    sorry for too many questions but well immigration is never easy

    thanks in advance

  • #2
    Originally posted by vamkri View Post
    my situation :

    i am on H1b for company A and have an offer from Company B
    i also have my visa stamped for company A till May 2017

    now i have my vacation planned to india from end of November till dec 25th and plan to join Company B once i come back

    none of the Immigration process started yet from Company B's side..

    now the dilemma is i wont have enough time to get my h1b process done with Company B before i leave so i plan on leaving with Company A h1b, come back with it and then start the process with B and switch over .. both A and B companies are aware of this plan and are ok with it ..

    but the thing is company A wont hold my h1b more than a week after i come back (which obviously may be not enough time to file H1b)

    so

    ???? Can i get my labor done while i am gone and in india from company B's side and once i come back file for H1b and switch over ?

    ???? Company Bs law firm says H1b can be filed and processed when im in India .. my understanding is Travel is not allowed when h1b is in process ? correct ?

    even if its ok to file and process company Bs h1b in premium while im gone .. can i still enter back into USA if company Bs H1b is still under process by the time i return ?

    if i get company Bs h1b approved while i am in india .. do i have to get a new Visa stamped with company B before i come back ??




    sorry for too many questions but well immigration is never easy

    thanks in advance

    Why not have B file its petition in premium so that you have the approval notice in hand when you leave US, and re enter US on the approved petition of B.

    The biggest drawback of deciding not to attend the visa interview is that the officer at the POE will most likely give you I-94 only till visa expiry (May 2017) and not till B's petition end date.

    This is my opinion not legal advice.

    Comment


    • #3
      Originally posted by raghvi View Post
      Why not have B file its petition in premium so that you have the approval notice in hand when you leave US, and re enter US on the approved petition of B.

      The biggest drawback of deciding not to attend the visa interview is that the officer at the POE will most likely give you I-94 only till visa expiry (May 2017) and not till B's petition end date.

      This is my opinion not legal advice.
      i only have 2 weeks before i leave and to file H1b and LCA in that time is not really possible ..

      about I-94, even if the officer at POE gives till may 2017 .. once i come back and get H1b with company B that I-94 is then valid right ?

      Comment


      • #4
        Originally posted by vamkri View Post
        i only have 2 weeks before i leave and to file H1b and LCA in that time is not really possible ..

        about I-94, even if the officer at POE gives till may 2017 .. once i come back and get H1b with company B that I-94 is then valid right ?
        As long as B files their petition after you return back.

        Once you come back on A's petition you have to work for A. At that time B can file their petition, and if approved along with a new I-94, then that I-94 will be valid.

        This is my opinion not legal advice.

        Comment


        • #5
          Originally posted by raghvi View Post
          As long as B files their petition after you return back.

          Once you come back on A's petition you have to work for A. At that time B can file their petition, and if approved along with a new I-94, then that I-94 will be valid.

          This is my opinion not legal advice.
          Thanks Raghavi

          hopefully everything goes as per plan and the timeline is ok ..

          just curious .. lets say my employment with A ends like a week before company B files for h1 .. what happens then ?

          Comment


          • #6
            Originally posted by vamkri View Post
            Thanks Raghavi

            hopefully everything goes as per plan and the timeline is ok ..

            just curious .. lets say my employment with A ends like a week before company B files for h1 .. what happens then ?
            You go out of status for every day when you are not paid. The longer the out of status period the lesser the chances of getting an I-94 with subsequent petition approvals. If USCIS takes a tough stance then they may approve B's petition without an I-94 thereby needing you to leave US and re enter.

            This is my opinion not legal advice.

            Comment


            • #7
              ok thanks Raghavi @raghvi...

              one last question .. so Company A sais they are fine holding my h1 till the transfer to B is done as ill be working for them for a short period of time when i come back .. and company B said they will file my h1b transfrer after i come back ..

              so all is sorted out..

              one thing though is Company B said they will file the LCA and line up everythng ready to file for h1b transfer as soon as i come back ..


              now LCA is completely different department .. do the officers at port of entry know about LCA filed ? is it mandatory that i talk to them about my new offer and all at the port of entry ?
              Last edited by vamkri; 11-11-2016, 11:52 AM.

              Comment

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