H1 Transfer after travelling to India

[kattu786]

Hi,

I was in US till 9th Nov.I am working for Company A who is holding my H1 visa.I do not have a H1 stamped on my passport ..I applied for H1 transfer through company B

I sent all the docs to the company while I was in US but USCIS received the papers on 19th Nov (when I was already outside US).The H1 got approved on 28th Nov.To my surprise , H1 came with a I-94 attached at the bottom.It carried the same number as all my previous I-94's which I already dropped at the airport.

My question is :-

1) Can I get the H1 visa stamped from A , go to US and join B.Can I directly do that or is there some other amendment which B might need to file.

2) If I travel on H4 (which I have an option) , what company B has to do so that I can join them after reaching US.

[raghvi]

Hi,

I was in US till 9th Nov.I am working for Company A who is holding my H1 visa.I do not have a H1 stamped on my passport ..I applied for H1 transfer through company B

I sent all the docs to the company while I was in US but USCIS received the papers on 19th Nov (when I was already outside US).The H1 got approved on 28th Nov.To my surprise , H1 came with a I-94 attached at the bottom.It carried the same number as all my previous I-94's which I already dropped at the airport.

My question is :-

1) Can I get the H1 visa stamped from A , go to US and join B.Can I directly do that or is there some other amendment which B might need to file.

2) If I travel on H4 (which I have an option) , what company B has to do so that I can join them after reaching US.

This scenario typically happens when one files for Extension, Change Of Status, transfer, etc and leaves US.

As per last action rule, your I-94 and employment Status will now be determined when you re enter US not as per what happened when you were outside US.

Why would you want to get H1 stamped for A and then join B? Might as well get stamped with B's petition in the first place and keep your records clean and straight.

If you want to work for employer A get H1 stamped with A , travel to US on A's petition, you should be getting paid by A when you land in US and then subsequently if you want to join employer B file a another transfer (as you did before leaving Nov 9th) to Employer B, and when that transfer is approved you can work with employer B.

If you want to work with employer B when you return to US, get H1 stamped using B's petition, and travel to US and work for B.

2. If you travel on H4, once you enter US, employer B has to file a Change of Status again for you in order for you to get to work for them. At this juncture you have to get help of a smart attorney who can clearly put across the USCIS the case history detailing your employment with A and subsequent filing of transfer to B , your travel outside US and return on H4. This entire process will involve extra cost as well as time.

I would suggest getting stamping either with A or B and subsequently travel on H1. If your H1 gets delayed due to 221G or AP then you can plan for travel to H4.

This is my opinion not legal advice.

[kattu786]

This scenario typically happens when one files for Extension, Change Of Status, transfer, etc and leaves US.

As per last action rule, your I-94 and employment Status will now be determined when you re enter US not as per what happened when you were outside US.

Why would you want to get H1 stamped for A and then join B? Might as well get stamped with B's petition in the first place and keep your records clean and straight.

If you want to work for employer A get H1 stamped with A , travel to US on A's petition, you should be getting paid by A when you land in US and then subsequently if you want to join employer B file a another transfer (as you did before leaving Nov 9th) to Employer B, and when that transfer is approved you can work with employer B.

If you want to work with employer B when you return to US, get H1 stamped using B's petition, and travel to US and work for B.

2. If you travel on H4, once you enter US, employer B has to file a Change of Status again for you in order for you to get to work for them. At this juncture you have to get help of a smart attorney who can clearly put across the USCIS the case history detailing your employment with A and subsequent filing of transfer to B , your travel outside US and return on H4. This entire process will involve extra cost as well as time.

I would suggest getting stamping either with A or B and subsequently travel on H1. If your H1 gets delayed due to 221G or AP then you can plan for travel to H4.

This is my opinion not legal advice.

Thanks Raghvi for the reply....Well I was too thinking of going for stamping with B but I didn't work for B in US for a single day and hence I have no paystubs......Therefore I was thinking of going for stamping with A since I have paystubs and all other docs but B is saying that after getting stamped with A , coming to US , I can go ahead and directly join them which I am not pretty sure if it would be a legal move.Please clarify whether I can do that since filing a transfer again would involve a fresh cost.

Also , please clarify if I go to US on H4 , would B have to file just an amendment or it would be separate new H1 with COS required ?