H1 B transfer

M

man123

Registered Users (C)
My job will end on 30 th september 2002.
Another company has agreed to file my
H1B transfer. I have the following questions.
- How much time would it take? they wil file
H1B transfer from Vermont service center.
- I want to leave USA on the 1st October while my H1B transfer case is pending. Can I reenter USA ? or do I have to wait till
my H1B transfer gets approved? I would liek to join the new company after I reenter USA.
Any complications involved? Do I need to be aware of anything?
 
It is better not to travel when a h1 extension is pending.
If you are sure that you will come back into US before your h1 approval comes and your current I94/visa stamp will be valid till that time,you could come into US using unexpired old company visa stamp. make sure that you get the same I94 number while coming back. Some POE inspectors might refuse to give the same I94 number, which will mess up your h1 transfer.

If h1 is approved before you come into US, it is better to show the new approval at POE instead of using old unexpired visa.
 
Jaxen,

Assume That I get layedoff on 30 th sep. And I file a H1B transfer on 20 the September. I
decide to leave USA on 3 rd October.

Now Can I enter USA when my H1B transfer completes using my new H1B approval? Is this safe? Would teh I94 sent by INS (since it is a transfer case) going to cause any problems when I enter USA?

Note: Here I will loose to be in H1B status as of 30 th sep since I am getting layed off. Would that cause any problems in H1B transfer?

what is the best way to handle this situation?

Other scenario
--------------
If I decide to file my H1B tansfer in premium processing on 15 th September and my visa gets approved by 30 th september and I leave the country on 3 rd October and reneter in November using my new H1B to join the new company.
Do you see any problems in this situation?

What are your recomendations?

thanks
 
Scenario 1: Apply for a consular notification (I824 ) to get a clean h1 approval which you can show to the POE as a precaution.

Scenario2 : Seems cleaner and risk free.
 
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