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Can travel to home country after h1b transfer is received?

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  • Can travel to home country after h1b transfer is received?

    My new company will file the h1b transfer for me very soon. I really wanted to go home and see my parents before getting started with the new job. I miss them

    Can I travel to home country after I get the h1b transfer receipt? Will the transfer be voided if I travel abroad?

    By the way, a new LCA should be filed before filing the h1b transfer, correct? Generally it will take 3 weeks to get the visa approved(1 week for LCA, 2weeks for h1b Premium Processing)?

    Thanks so much!! This forum is extremely helpful!

  • #2
    1 week for LCA, 1 to 2 weeks for petition receipt and 15 days after that for decision unless there is an RFE.
    This is my opinion and not legal advice.

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    • #3
      It is not adviable to travel when a petition is pending with USCIS. The transfer might get denied. Or the petition might get approved for consular process. If you intention is to return back and start working for the new employer, then ask the new employer to file the H1B as a consular process instead of a COS. Travel and wait for the decision from USCIS. If the petition gets approved, then re-enter U.S with a valid H1B visa (it can be from your previous employer) and the approved petition for the new employer and start working for the new employer.
      Not a legal advice. Use of this information is strictly at your own risk.

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