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Hello, Glad to join this forum and want to thank the users in advance for the advice. First, this is not for me. I am a recruiter and my candidate has received an offer with one of my clients. Company B has engaged a law firm to facilitate a transfer. As of now, he has submitted some of his relevant documents. Second, he has a trip booked to Europe in the 3rd week of July with his new wife (who happens to be American) for 2 weeks. What I was wondering is whether or not he can travel during the transfer? He has not given notice to his current employer (the H1B Visa holder). Wouldn't that mean his current H1B is valid and will not be considered "abandoned"? The lawyer has advised him to not travel, but being a newlywed, not sure how his wife feels about that. From my perspective, I want everything to go seamlessly. Thank you again for reading this post.
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The problem with travel during transfer is: Typically transfer is filed as COS (change of status) process, which means one needs to have a status to begin with. Once you leave the country you have no status, and hence a COS petition might get rejected. Often times, USCIS will accept the H1 transfer but reject the COS portion viz., you would need to go outside the US, go to a consulate, get visa stamped, and then enter the US to have a valid I94 and legally be able to work.
This in essence is the risk, and hence typical advise is to avoid travel outside the US during H1 transfer.Just an opinion; Not legal advice. -
Let me ask this. What if they delay submitting the paper work until he returns from his trip?Originally posted by scientist2016 View PostComment
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No problems, as long as the previous visa stamp is valid, or else he will not be able to enter the US.Just an opinion; Not legal advice.Comment
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