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H1 transfer approved when outside the country

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  • H1 transfer approved when outside the country

    Please help me!
    My H1 was approved on 7 months ago and i still haven't got stamping done. Now I got a fulltime job and I am going to India & at the same time I also need to apply for H1 transfer.
    I am planning to hold the H1 transfer until I come back from India. But we don't know how long Visa's will work! so worst case.

    1.What happens when H1 transfer gets approved when i am outside the country!
    (when i am in India). regarding Visa stamping or any other issues.
    2.What is the case if I apply for H1 transfer before leaving to India and go to India before approval
    3.What is my best option?

  • #2
    It is not advisable to leave U.S when a transfer, COS or a extension is pending with USCIS. When you are outside U.S, you should not have any I-94 with you. If you file the transfer and leave, either the transfer might get denied or approved for consular process. If at all by mistake it comes with a new I-94 when you are outsiode U.S, on your return yo are going to get a new I-94 at the POE and the multiple I-94 is always going to cause issues.

    If you are planning to leave, then file the transfer as a Consular process and not as a COS. When approved, return back with a valid H1B visa and the newly approved H1B petition and start working for the new sponsor. Or comes and then file the transfer.
    Not a legal advice. Use of this information is strictly at your own risk.

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