H1 Transfer and Visiting India

[omnitha]

Hi!

I have a valid H1B and working in USA. Now I found an other company which offered me job and willing to transfer my H1B. Now I need to go to India for an emergency. Can I apply for transfer and go to India, without waiting for the transfer to be approved? If it is approved while in India, should I have to come back with new Visa stamping, with new H1B Petition? Can I come back on old visa and start working for the new company, to whom, I had transffered my visa?

Appreciate your reply...! Thanks in advance...

Omnitha

[txh1b]

The choices you have:

1. Continue with current company, return and file for H1b transfer and join new company.
2. Apply for a H1b transfer using premium processing. Get the approval papers sent to your home country. Return using the I797 of new employer. You can use the visa if it is unexpired from current employer.

Travel is not recommended on a pending transfer as you may get stuck in the home country until USCIS approves the petition.