H1B Transfer

bharatchs

New Member
I have been working as a consultant for a company for 2 years and i have my visa stamped and my current I-94 is also states the same company and is valid until one more year.

I got a new job and that company is willing to transfer my H1B.

My problem is i have to go to INDIA on two months vacation.

Can i ask my new company to do a Visa transfer when i am in India.

Is this possible or am i taking risk...

I really appreciate if some guides me...
 
Why don't you ask them to file transfer after you come back to the US.

I have two options, one is filing after i return from India second during my stay in india.

my old company runs my last pay check in Dec, but i worry that they may cancel my H1B status during my vacation. To offset this risk I want to request my new company to do a Premium transfer.

I am leaving on 23/Nov and will return on 9/Jan/08


Is it possible to cancel or revoke my H1B with out letting me know or firing me with out giving a notice.

please guide me
 
if they apply H1 while you are abroad, they can not submit your I94 which leads your application approved without I94 attached to I797. That should be only difference between filing in the US and outside.. You have to reenter the US after H1 approval.
 
if they apply H1 while you are abroad, they can not submit your I94 which leads your application approved without I94 attached to I797. That should be only difference between filing in the US and outside.. You have to reenter the US after H1 approval.

Thank you very much for your reply...

As i mentioned in my previous query, My new company would start this process on Monday 27 of this month. My job offer states 01/10/2008 as my start date. once my H1B is approved they are going fedex overnite to india. As you mentioned i will get my H1B documents and i will re-enter USA.

if my first company sends a letter to USCIS to revoke my H1B (for say on 27/11/2007), and if my New Company start processing on the same day. What kind of issues i would be facing...

The whole reaoson for my concern is i will be out of country during this process....

Should i be worried about any thing else....
 
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