Urgent- Travel during H1B transfer

S

sdeva

Registered Users (C)
Hi Everyone/jaxen(particularly)
I am in a need of travel during H1B transfer.
I have an approved h1b visa of my current employer and i am working for him, my passport's visa stamp expired in apr'01.I am planning to travel india in feb'03 during which i need to validate it using mailbox option in India.
Meanwhile i have found another employer recently who is willing to transfer my H1B for green card purpose and i am going to join him as soon as i return back from my visit.
Will it be a problem if i my H1B transfer is filed with this new employer during my visit to india? As I am planning to file labor certification before even filing H1B , will it hurt the LC process..?or green card process?

Any help would be apprecited

Thanks
Satish
 
i think in this case there are multiple versions and different people will tell you different views. Its better to consult your new company's lawyer and ask him/her what should you do.
 
H1 transfer will not be considered abandoned by travel on a valid visa. (different from change of status).
Green card processing is different from H1 and GC is for a future job.
 
Hi jaxen/ashikaul
Thanks for the help...
Will there be any issues with my I-94 as INS requires the latest I-94 while filing the H1B and while my application will be pending with INS can i send in the latest I-94 after i return back to US.?

Thanks
 
no you don't need to send latest I-94 .INS will know that you have a new I-94 when u enter the country.
When you enter back you will be given a new I-94 and when your H-1B is approved, you will get a new I-94 attached at the bottom of approval notice and the number on the new I-94 will match the number on your new I-94( provided your application is approved after you enter the country).
In either case I will again recommend you contact your attorney.






Note: This is not a legal advice. Use at your own risk.
 
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