H1 b transfer pending and need to travel to India in the month of May

kirannp

New Member
Hi, I have a question regarding my travel out of the US in may month when my h1 transfer is in progress state.

I need to resign my current job in a day or so and I have filed H1 transfer just a week back and yet to get the receipt number. I have my current visa valid till next year.
As this came up as an emergency situation, my new employer X has found a short term project A and filed my Transfer. I can work in this short term project at any point in time for two months

I got to know that there is a grace period of two months to find a new employer, as I need to travel to India in May month at any cost, Could you please advise which option is better for me
-> should I use this grace period and travel out of US before 60 days period without start working with my new employer X.so that my employer need not run pay stub for two months and can use this short term project for later point of time? and to leave the US before the grace period and to allow the transfer process to continue to complete. or for a smooth transfer and for POE questions is it better to work and get pay stubs for one month with my new employer X?

I heard as I'm traveling during the pending transfer process if my employer agrees is it good to stay in India till it gets approved completely ? or will there be any other future POE immigration or stamping complications if I stay out of US during this pending process? and also I need to go for stamping the new petition looks I'm eligible for Dropbox as I have valid visa till one more year and also going for stamping before one year of approval. So, will there be any further documents or proofs or justifications that can be requested either in stamping or POE into the US like why such a long vacation or stay in India and whether I worked in India during this stay? if so whether the same employer or different? Could you please tell me what would be the best answers or reasons that can be provided to them for each of these questions or anything that you think could be asked apart from above mentioned. Please let me know the best answers in order to justify each of them so that there won't be any further questions problems during stamping or POE into the US.

And also, Could you please advise is it good to work in India for this period of stay? if so, do I need to work for the same employer or different employer? For above questions or any other expected questions in these scenario's could you please let me know and what best answers or approach could be done eg: like if it is a different employer why I'm working with them during my stay in India and how this transfer job position offer or my employer X holding position for so long? if at all if I work with the same employer in India too what can be the justification for this case?

Or can I be unemployed during my stay in India ?, if so if it is a short duration say 2 months, can I say emergency vacation and went on the loss of pay? if I have to stay for more time like >2 months then still can I be unemployed during my stay in India, if so what reasons can be given to justify it?

Apart from these as mentioned I have short term project A offer, if in case if I find new long term project B in March, do my employer X need to immediately file an amendment as there is a change of worksite location or can I work directly and get pay stub for one month April and then raise it to a bit later, Is it advisable to work for this new project B for one month i.e April before I travel to India and to raise the amendment at that point of time? as both transfer and amendment will be in the pending state and do I need to wait in India for both to approve or transfer alone is fine? and also there are chances to close out this new project assignment with client B after I travel out of US and stay for more time in India, So thought the amendment is filed after return back to the US I may not be able to work in that project again. My employer X will make sure to get my transfer process complete though I stay in India, So, is there something particular I need to request them to do during this process .?

Please let me if there will be any complications involved and the best approach I can opt for my smooth comeback and future processing.


Many thanks in advance
 
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