H-1 Transfer - Planning to go Out of Country - Pls Advise

[ImmiForumMember]

Greetings,

I have a quick question for you all. I am currently employed and Employer A hold my H-1 Visa which is stamped and is valid till Dec 2008.

I finished my assignment in May and I was looking for a new Project.

Employer B extended this offer to me, which I have decided to accept. I need to transfer my H-1 to be able to work for Employer B.

I need to join the Client on July 28th 2008.

In the meanwhile due to a family emergency, I need to visit India in the coming week.

I am planning to leave on July 21st (Mon) and return on July 26th (Sat) so that I can join the new client on July 28th (Mon).

Now My REAL QUESTION is:

When should I file for my H-1 Transfer?

My Concerns:

- Case 1 - Apply for H-1 Transfer on Friday July 25th. I am planning to get in touch with the attorney to get more details on this process if it is an online application or paper application that they need to submit.

Will there be a problem if I enter the country on Saturday, while my H-1 transfer papers have been filed.

- Case 2 - Apply for H-1 Transfer on Monday July 21st.
Please advise. I really need to get some insight into this.

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[txh1b]

It is tricky. In your case, talk to a lawyer. I feel it is better if a transfer is filed with your latest new I-94 after you return from your trip. But you search for a thread by 'meatmeetohio' to see how to enter on a pending transfer. You need a receipt though it is not preferred.