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Urgent ! H1B Transfer issue

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  • Urgent ! H1B Transfer issue

    Hello Gurus

    I have the H1B visa valid from Company A for the next 3 Yrs. I just received it. Soon after receiving, I travelled to US for a month.

    During this period, I got another job offer in Company B. I would like to join them. However since I am on a short assignment I am supposed to leave back to India and the situation is that the company B has just filed for the LCA and they will apply for petition after getting it. (This will be in my absense in USA - I will be in India by then since my assignment ends in US and I am required to go back) If I resign, Company A might probably revoke the H1B and I dont want to take risk with my status.


    My Question :

    1) Can I simply apply for a transfer and go back to India and then come to US with the new H1B approval from Company B ? I so
    2) Am I required to get the stamping done again on company B ?


    Please Help as this is urgent.

    Thanks & Regards

  • #2
    It does not matter if company A revokes the H1b after you leave the country. That cannot impact company B tranferring the H1b. Your status is valid only when you are inside US.

    1. Yes
    2. No new stamping needed.

    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.

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    • #3
      Urgent ! H1B Transfer Issue

      Many thanks for a quick reply.

      I am also wondering if there is any grace period which can be utilized.

      I am supposed to leave on 28th Feb. Assume, I have resigned by 26th and cancel my return journey, I might receive the LCA on 3rd March. Assuming Company B will apply for H1B approval on or after 4th, I will have a vaccum for 5-6 days and it will be a fingers crossed situation.

      Request you to please advise a solution to this.


      Thanks & Regards

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