H1-B transfer

[KarthikS2010]

Hi,
I am working for employer A in United States and have to change to employer B.
But I have to travel to India on June 18th which is important.
i) If the petition for the H1-B transfer is done under premium processing then how many days does it take?
ii) If the H1-B transfer is initiated then can I travel to India and back to United States, with the new employer's filed petietion? Or is it necessary that I must have the I-797? (I have the old employer's valid H1-B status.)
iii) How does this H1-B transfer affect the H4 status of my spouse? Should the H4 be restamped?

Please advice.

[shervin143]

i) If the petition for the H1-B transfer is done under premium processing then how many days does it take?
>>> 15 days.

ii) If the H1-B transfer is initiated then can I travel to India and back to United States, with the new employer's filed petietion? Or is it necessary that I must have the I-797? (I have the old employer's valid H1-B status.)
>>> You need the approval notice from employer B (assuming you no longer work for employer A). There are cases people have re-entered with just showing the receipt notice of the transfer. However, that is in the hands of the officer at the POE and even if they let you in, you will get an I-94 only till the visa date and you will have to file for an extension before that I-94 expires (even if the transferred petition is valid for a longer duration.)


iii) How does this H1-B transfer affect the H4 status of my spouse? Should the H4 be restamped?
>>> H4 remains valid. H4 has nothing to do with you changing the employer.