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H1b transfer, stamping and travel

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  • H1b transfer, stamping and travel


    I am working for company A for the past year and am changing jobs to company B. They are yet to apply for the transfer but are getting ready.
    Now I need (must) to travel to India for personal reasons. Please advise me on my following plan:

    I will be traveling to India after company B applies for a H1B transfer. I will be in India for about 1.5 months, at which time it will be three months since H1b application. Once I get the new I-797, I plan to go for visa stamping with it(since this is the first time I am leaving USA after getting H1b) and then re-enter using the new 797 and visa.

    Is this a workable solution? I don't have much choice since company A is not doing well and might terminate work anytime.

    Please advise me.

  • #2
    It is possible. But you would be stranded in India if you don't get the approval on time. If that happens, the company may no longer be interested in hiring you. If you are inside the US, you could join them using AC21.

    Better go with premium processing on the transfer and leave after you get the approval notice. That way, you can be sure about the joining date.

    You could have followed the instructions in this thread provided you had a stamping. But since you don't, it is risky and not possible to do this. As you are not going to be employed with A, you cannot go for stamping on A's petition.


    I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.