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I wil be layed off company A on 30 th Oct, Company B has decided to do my H1B transfer and if I choose to transfer H1B using premium processing I am
anticipating my H1B transfer gets approved by 20 th Oct.
On 30 th Oct I want to go ( I have to due to circumstances) to India and would like to return to USA on the 20 th December 2002.
Please note that in this situation, when I leave USA I still have not started working for the new company and my old company has revoked my H1B visa BUT I
do have a approved H1B transfer petition. I would like
to join the new company after 20 th Decemeber when I return to USA ( This wil be similar to a new H1B visa).
Now when I reenter USA ( with the old visa and new approval letter ), I still have NOT stared working for the new employer.
My entry will be based on the fact that I will be joining a new company.
Could I have any problems at POE? What kind of questions can I be asked at POE?
If they ask me whom do you work for? I would like to say that I will be joining the new companay. Could that cause any problems( keeping in mind that this
is a H1B transfer case and I left USA and at that pint I will not on H1B status for 1 to 2 months ). Does my being out of H1B status for 1-2 months
invalidate the H1B transfer approval?
I do not understand the intricate clauses of H1B transfer so need your help.
Do you foresee nny issues with this scenario?
Are there any legal issues with this scenario? Could it cause any problems?
If this is not a viable scenario could you recommend what I should do?
Also, Would it be better to file a fresh H1B case? ( I would like to avoid filing a new case due to the fact that it may get rejected. I have heard that
people have been denied visa's in India and I understand that the scrutiny for H1B petitions is thorough and the ofcource there is the H1B cap)
What do you think? H1B transfer or new H1B filing. Which one is advisable in my case?
anticipating my H1B transfer gets approved by 20 th Oct.
On 30 th Oct I want to go ( I have to due to circumstances) to India and would like to return to USA on the 20 th December 2002.
Please note that in this situation, when I leave USA I still have not started working for the new company and my old company has revoked my H1B visa BUT I
do have a approved H1B transfer petition. I would like
to join the new company after 20 th Decemeber when I return to USA ( This wil be similar to a new H1B visa).
Now when I reenter USA ( with the old visa and new approval letter ), I still have NOT stared working for the new employer.
My entry will be based on the fact that I will be joining a new company.
Could I have any problems at POE? What kind of questions can I be asked at POE?
If they ask me whom do you work for? I would like to say that I will be joining the new companay. Could that cause any problems( keeping in mind that this
is a H1B transfer case and I left USA and at that pint I will not on H1B status for 1 to 2 months ). Does my being out of H1B status for 1-2 months
invalidate the H1B transfer approval?
I do not understand the intricate clauses of H1B transfer so need your help.
Do you foresee nny issues with this scenario?
Are there any legal issues with this scenario? Could it cause any problems?
If this is not a viable scenario could you recommend what I should do?
Also, Would it be better to file a fresh H1B case? ( I would like to avoid filing a new case due to the fact that it may get rejected. I have heard that
people have been denied visa's in India and I understand that the scrutiny for H1B petitions is thorough and the ofcource there is the H1B cap)
What do you think? H1B transfer or new H1B filing. Which one is advisable in my case?
