Urgent:Reg H1-B transfer

S

smita99

New Member
Hi all,

I have a H1-B with company A.
I want to transfer my H1-B to company B.

My question is, Am I allowed to be outside the country on a H1-B from my company A while the INS is processing a new
H1-B for company B?
Should I get the visa stamping done for the original H1-B, since the transfer for company B will still be in progress when I am out of US?

Appreciate any inputs on this issue.

Thanks,
Pramada
 
My thoughts:

In general an H-1B transfer requires paystubs and physical presence in the U.S. On the other hand if the beneficiary is outside of the U.S. when the H-1B transfer got initiated, the I-797 approval notice will not contain I-94, you have to get the visa stamped at the specified consulate before re-entry to work for the new company.
 
Hi,

Thanks for your reply.
If I don't have the new transferred H1 by the time I leave the country, I can still get the visa stamping done on my original H1, right?
Since I am not planning to resign from company A before I come back to US again, my original H1 will still be valid at the time of port of entry. It's just that my I-94 will have the validity date as per my original H1.

Please let me know your thoughts about this one.

-Smita
 
That's absolutely right. However, I'm not sure what will happen if USCIS approve the H1B transfer before your return to US. I don't think they will catch it at the Entry Checkpoint but who knows... You may want to consult an attorney. I can recommend www.lxxxxxxxxxns.info as you'll get unlimited consultations for a low monthly fee.
 
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