H1B Transfer After going back to India

[Harish12345]

can i transfer my H1 after returning to India thoughvisa expired but hav unused dates

I used to work for company A in US location, but last month i had returned back to India due to family issues and working for the same company on India payroll. My visa is valid till Oct 2017 and have 2 years(out of 6 years) of Unused dates. additionally, i have approved I-140.

My question can i transfer my H1 to employer B after oct 2017 (i.e. even after my current visa expired) and travel once new petition is approved?

Also, what is the last date that i can use my current H1 to do transfer process and travel back to US before h1 gets invalidate. Is there any 6 year limit like that?

Please suggest

[amhere]

Technically when you leave the country when the transfer is in process, the transfer should get approved for consular process. However, sometimes it will come with an I-94 attached (depending on when it got processed and when you left the country). You are not suppose to have any I-94 with you when you are outside U.S (That is I asked you to file the H1B for Cnsular Process). If you receive the H1B approval notice (for Company B) with an I-94 attached, then follow the below link to return it back to CBP.
https://www.immihelp.com/returning-u...4-form-to-cbp/

Thank you very much for the information. Appreciate your help.

[shervin143]

Technically when you leave the country when the transfer is in process, the transfer should get approved for consular process. However, sometimes it will come with an I-94 attached (depending on when it got processed and when you left the country). You are not suppose to have any I-94 with you when you are outside U.S (That is I asked you to file the H1B for Cnsular Process). If you receive the H1B approval notice (for Company B) with an I-94 attached, then follow the below link to return it back to CBP.
https://www.immihelp.com/returning-u...4-form-to-cbp/

Thanks shervin.

I am still not sure if I need to go back to India or not. I might or might not depending on the situation. Or I might travel in mid August. Company B is trying to file the Visa transfer around end of July (At that time I will not know if I will travel back to India or not). Do I need to be sure about where I am going to be well ahead of time (before filing the transfer)?

[amhere]

Possible. Ask Company B to file the H1B petition for Consular process. Once Company B's petition gets approved, you can travel to U.S in any valid H1B visa (You can use the one that is stamped with Company A's name) and Company B's petition.

Thanks shervin.

I am still not sure if I need to go back to India or not. I might or might not depending on the situation. Or I might travel in mid August. Company B is trying to file the Visa transfer around end of July (At that time I will not know if I will travel back to India or not). Do I need to be sure about where I am going to be well ahead of time (before filing the transfer)?

[shervin143]

Possible. Ask Company B to file the H1B petition for Consular process. Once Company B's petition gets approved, you can travel to U.S in any valid H1B visa (You can use the one that is stamped with Company A's name) and Company B's petition.

[amhere]

Hello there,

Here is my situation.

I have been working with Company A and I am here in US on a project from last year. I got an offer from Company B recently. They are trying to file a H1B transfer for me. I have a H1B Visa valid with Company A until 2014.

But I have to travel back to India next week due to some family issues and I will start working in Indian branch of Company A.

I want to know if Company B can still go ahead and file my H1B transfer while I am in India and if I can comeback to US after the H1B transfer is approved.

Basically I will be resigning to Company A in India after H1B transfer gets approved. Can I do that?

Thanks in advance for the help.