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Contingency plan - H1B transfer

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  • Contingency plan - H1B transfer

    Hello,

    Continuing on my current situation in the previous thread, I have come up with something that I think can help me stay employed in the US. Just a preface, I may need to be traveling back to India in 3 weeks. All of this is assuming I get an offer from another company on Monday (8/22)

    1) LCA Applied - 10 business days (remaining work days 5)
    2) H1B transfer initiated - 3 bus days to get receipt (Remaining work days 2).
    3) I resign on the 1st day from the remaining two days. (Remaining work days 1)
    4) Full n final settlement 2 days. Since the Labor day long weekend is in this cycle, I can hope for some latency in the procedures. (H1B transferring in process)
    5) I take a flight back to India for a vacation (2 weeks)
    During this process the H1B is transferred, hopefully.

    Then I can back after 3 weeks of vacation and join my new employer.

    My most basic questions in this scenarios are :
    1) Since the H1B is transferred, will I have to go for another stamping? ( I dont understand why, but this is what I heard from people)
    2) This is my only plan for a worst case scenario.Do you think its ok ?
    3) Moreover my return ticket is paid for by my current employer, so I get to save the important monies.

    It is turning out to be such a mentally draining phase for me, any words of advice - sincerely appreciated.

    Cheers,
    This is my opinion. Not a legal advice

  • #2
    It looks like a plan as long as the H1B is filed in premium processing. If you enter U.S with the approval notice of the new employer, then you have to work only for that employer and cannot go back to the old employer. If you already have a valid H1B visa (as of your date of return, even if it is for a different employer), then you can use that to re-enter U.S with the approval notice from the new employer. No need to go for stamping again.
    Not a legal advice. Use of this information is strictly at your own risk.

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    • #3
      Thank you for replying.

      Cheers,
      HB
      This is my opinion. Not a legal advice

      Comment

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