H1b visa transfer + extension

shreytaan

New Member
Current situation:
I am working on H1B with the same company for the last 6 years. I recently got my H1B extension approved and I have the new I797 that extends my H1B until 2021. I have not got it stamped yet.

Next up:
Now I have a job offer from a big company and I am going to make the switch. Since the premium processing is stopped, the H1B transfer could take upto 6-8 months. I dont want to wait that long so I am going to quit my current job and start working for the new employer on the receipt. I do understand this is a risk if my h1b transfer gets denied.

My questions:
1) In normal circumstances I will have to get my H1B stamped next time I travel abroad. But if I travel abroad while my transfer is ongoing, will I be able to get my old H1B stamped, considering I have already quit my old job? Will it be better to get the stamp before I quit my current job?
2) If I do get my h1b extension stamped. Will I be free to travel abroad while the transfer is ongoing?
3) If after 6months my visa transfer gets denied. But if my old employer wants me back, will they be able to reactivate my old H1b considering I still have the stamp and a valid i140.
4) If my visa transfer gets denied how long after that can I re-apply for h1b.
 
1. If you switch to new employer old H-1B is no more going to be valid. I don't think it is good idea to get it stamped. #3 if you leave old job your employer may withdraw H-1B in which case you cannot go back to them unless they refile.
 
There shouldn't be any ambiguity about an old H1b job. Once an employee no longer works there, the employer by law must inform USCIS and rescind that petition. For far too long, consultancies (primarily desi) and shady employers have been abusing H1b laws.

If an employee wishes to re-join that company at a future date, and there are no available US employees, the employer has to refile, and pay for, a new H1b petition.
 
So what if..
I get my H1B stamped right now.
Initiate my H1B transfer and quit my current job and start working for the new employer.
While this transfer is ongoing will I be able to travel abroad?
 
I believe it should be fine. You need to understand logistics part. You are saying you will get visa stamped based on your H-1B approval from employer A. Fine it will be stamped as long as you are employed with same employer & getting visa stamped while being employed there. Now the questions is you are suggesting you want to travel while new H-1B is under process from employer B & H-1B visa you have in your passport is from previous employer A, some time CBP officers can question you. But I believe it should be fine unless you are very unlucky to be subject to additional scrutiny & technically there will no H-1B approved on your behalf at the time of your travel.
 
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