H1b transfer when out of country

[kevinshah1986]

Hi ,

I recently got a new job. My new company has agreed to transfer my H1B visa and start the process in the next week. However before I join them I need to travel to Europe. I will not quit my current employer before leaving and I will give them a two week notice only when I am back. My question is can I travel in this scenario ? What happens if my transfer is approved when I am out of the country.
I have a valid H1B visa that is stamped. Also I am assuming that my current employer will be unaware of the H1B transfer thing.

Thanks

[shervin143]

It is not advisable to travel when a transfer if filed with USCIS. The transfer might get approved for consular process. In case the transfer gets approved when you are out of U.S and if you return back with employer A's petition (which will get you a new I-94 associated with employer A), then to work for employer B,an amendment need to be filed or you have to leave and return back on employer B's petition. It is advisable to file the transfer after you return back or plan to return back on employer B's petition after it get approved (If you do that, you cannot work for employer A).

[kevinshah1986]

Thanks for the reply. Is it advisable to leave once the transfer is done and I have a new I-797 from my new employer.Can I still work for my old employer after coming back and serve a 2 -week notice

[shervin143]

Is it advisable to leave once the transfer is done and I have a new I-797 from my new employer.
>>> Yes, you can do that.

Can I still work for my old employer after coming back and serve a 2 -week notice
>>> No. That is not allowed. If you show your old employer's approval notice at the POE when you enter U.S, then you should be working for the old employer as the I-94 will be associated to their petition. If you want to work for the new employer a H1B transfer need to be filed again. If you enter U.S by showing the new employer's approval notice, then you cannot work for the old employer as the new I-94 that you receive at the POE will be assocaited to the new employer's petition.