H1 visa transfer

[thomas8907]

Hi,Hi , could you please help me with the below .
My father passed away in India and I am trying to see the options to travel
1 . I don’t have stamped visa in my passport.
2 . I have approval notice for visa till feb 2,2022, but this h1b visa is with company A. I am in the process of h1 transfer with company B and my transfer status is ‘Request for Initial evidence’
3. I have a us citizen baby but oci card is still under process
4. My husband is on h4
Also company b is trying to submit perm for me before July 31. Is it mandatory for me being in US ayi proceed with the perm.
Can i travel to India in this situation.
Thank you.
Freeda P Uthuppan

[rkk09]

Hi,
Please see my response below.
1 . I don’t have stamped visa in my passport.
Answer: This is not an issue. You can leave country and when you come back to the country, you will need to go for stamping.
2 . I have approval notice for visa till feb 2,2022, but this h1b visa is with company A. I am in the process of h1 transfer with company B and my transfer status is ‘Request for Initial evidence’
Answer: You can respond to H1B Transfer RFE, when you be abroad. But, USCIS may approve your H1B transfer petition with consular processing.
3. I have a us citizen baby but oci card is still under process
Answer: I am not sure about this.
Also company b is trying to submit perm for me before July 31. Is it mandatory for me being in US ayi proceed with the perm.
Answer: No.. PERM can be also filed when you are outside the USA.
Can i travel to India in this situation.
Answer: Yes.. In the critical and urgent requirement, you can travel. But, you will need to go for visa stamping get approval then return to the USA.
Thanks