travelling while H1B transfer pending

M

man123

Registered Users (C)
Hi,
I want to know what is the legal?
I wil be with a compnay A till 30 th Oct, Company B has decided to do my H1B transfer and if I choose to transfer H1B using premium processing assume my H1B transfer gets approved by 15 th Oct.

Now the question is:

1. Once the transfer petition is approved, does that automatically make me an employee of the new company? or can I continue to work for my old company until 30 th Oct?

2. On 30 th Oct can I leave USA and later reenter USA on 5 th December on the New H1B trasfer approval letter?
Note: I have still not joined the new company. I will join the new company ( on whose approval letter I will be entering USA) after reentering USA.
Is this legallu allowed? Could it cause any probelms?
 
yes allowed

1. No, you have to be on company B's payrolls to be considered workign for them

2. You can enter US with old stamp and new approval letter (or with new visa stamp).
 
Thanks Jaxen for answering my Qs.

Also here in this situation I would like to let you know that when I leave USA I still have not started working for the new company and my old company has revoked my H1B visa BUT I do have a approved H1B transfer petition.

Now when I reenter USA ( with teh old visa and new approval letter ) do I have any problems at POE?
Since I stil have nt stared working for the new employer. I would liek to enter based on the fact that I am enter USA to join this new company.

What kind of questions can I be asked at POE?
If they ask me whom do you work for? I would say that I wil be joining the new companay. Could that cause any problems( keeping in mind that mine was a H1B transfer case and I left USA and was not on H1B for 1-2 months ) and now will join the new company?
I don tunderstan dthe clauses of H1B transfer so need your help.
Any issues with this scenario?

Thanks in advance

man123
 
No Issues. Say you are working for comapny in the approval letter and your start date is such and such.
 
Jaxen,

You said that I tell them that I am working for company B ( New company - as in the approval letter). BUT I will not be workign for them until I enter USA. What if they ask me to show the paystub? Also I wont have any paystubs until I come and join them and literally start working for them. How should I handle it?
 
For Jaxen

Jaxen,

Well the first time it was a fresh H1B petition.
This time it will be a H1B transfer. My concern is
that since transfer is supposed to mean that I join
a new company after leaving the old company so
would that gap of 2 months cause me to be out
of status?

Is that gap between workign for my old employer
and joinign new employer and the fact that it is
a transfer case. Could that be an issue?
 
Although you ought to join company B within 60 days, time off at home country is a valid reason. As long as you have papers from new company indicating start date,etc. you should not have any problems at the POE.
There is a risk involved but I think you can swing it. My opinion. You can be sure only when you make it to the POE.
 
For Jaxen

Thanks Jaxen,

Also when I enter USA, can I do with
my old H1B visa and the new H1B approval
letter ( based onthe fact that I will
join this compnay)? or do I need to get the new H1B stamped before I enter USA?

Thanks again.
 
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