Need help regarding Visa Transfer-Travel to India

[vardhan]

Hi there , I have a question related to H1 transfer . Right now , I am working with Company A , and I got an offer from Company B . But , they yet to start my H1 transfer process which they promised to do in Premium mode . I have a plan of going to india in Feb-13 for personal reasons for 3 weeks .

Question is : For any delay reason , if i didnt get the decision before my travel date , Can I leave US in Feb to india , with a receipt notice from USCIS about the H1 transfer or should I wait until thier decision about the petetion . Hopefully , before my return I will have some decision either (Approved/declined) from the USCIS .


Please advice this , I am in very confused state right now . reply will be very much helpful .

Thanks in Advance .
vardhan

[raghvi]

Hi there , I have a question related to H1 transfer . Right now , I am working with Company A , and I got an offer from Company B . But , they yet to start my H1 transfer process which they promised to do in Premium mode . I have a plan of going to india in Feb-13 for personal reasons for 3 weeks .

Question is : For any delay reason , if i didnt get the decision before my travel date , Can I leave US in Feb to india , with a receipt notice from USCIS about the H1 transfer or should I wait until thier decision about the petetion . Hopefully , before my return I will have some decision either (Approved/declined) from the USCIS .


Please advice this , I am in very confused state right now . reply will be very much helpful .

Thanks in Advance .
vardhan

Till when is the H1 visa in your passport valid?

Either travel after the decision on transfer has been made or apply for transfer after returning from your trip. It is not advisable to travel while a COS/Tranfser decision is pending with the USCIS.

This is my opinion not legal advice.

[kabkaba]

When will you be joining B?

[vardhan]

Re: Need help regarding Visa transfer-Travel to india

Thanks for your time , I have my H1 Visa stamped until 2015 April . is it ok , if I travel with the receipt notice(New H1 Transfer) and ask my new employer to courier new I797 to india and show it in POE ?

I dont think , New employer will wait until my return and my vacation is also unavoidable .

Thanks
Vardhan

Till when is the H1 visa in your passport valid?

Either travel after the decision on transfer has been made or apply for transfer after returning from your trip. It is not advisable to travel while a COS/Tranfser decision is pending with the USCIS.

This is my opinion not legal advice.

- - - Updated - - -

When will you be joining B?

Thanks , They asked me to join after 2-3 weeks of my return from India probably (mar-18th or mar-25th)

[vardhan]

Need help regarding Visa Transfer-Travel to India

Any one have a answer to my issue ?

[kabkaba]

Thanks for your time , I have my H1 Visa stamped until 2015 April . is it ok , if I travel with the receipt notice(New H1 Transfer) and ask my new employer to courier new I797 to india and show it in POE ?

I dont think , New employer will wait until my return and my vacation is also unavoidable .

Thanks
Vardhan

Thanks , They asked me to join after 2-3 weeks of my return from India probably (mar-18th or mar-25th)

In that case it is better to not travel, because you will have to return with the current employer's petition and that will create a lot of confusion about your status with last action rule coming into play. Another alternative is to return just before joining B and join them immediately (assuming their petition is approved at that time).

[vardhan]

Need help regarding H1 transfer

Thanks , Anyway I am not gonna quit current employer until my return(Mar-2nd) . I clearly told to new employer , that I am gonna put notice only after my return from travel . In that case , I have one more 2 weeks to get things to settle .

So , Can i assume , I am safe with the second approach you suggested me .

In that case it is better to not travel, because you will have to return with the current employer's petition and that will create a lot of confusion about your status with last action rule coming into play. Another alternative is to return just before joining B and join them immediately (assuming their petition is approved at that time).

[kabkaba]

No, you don't understand.

The only safe scenario is that B's petition gets approved with an I-94 after your return from abroad. Only then you can work for B at any time. But you have no control over when the petition will get approved (unless you upgrade to premium, in which case you have some control). Secondly you have no control over whether B's petition will get approved with I-94 or not, this is because when USCIS adjudicates it, you may be out of country or have returned with a different I-94.
This is why it advisable to avoid travel.

The second alternative that I mention is to return to US only after B's petition is approved and start working for B immediately.

[vardhan]

Ok , Actually Company B, will process my petetion in premium processing mostly by Next week. So i have almost 8 weeks before my return (mar-2nd) to get it approved or declined. considering your second option , I can come into US safely, if my h1 transfer is approved and can start working for B . If not , I have to extend my leave until it get approved . Is that correct ??

[kabkaba]

Except on returning using B's petition, you should not work for A.

[vardhan]

Can't I have 2 H1's approved? and return with the company A petition and put 2 week notice straight away after my return and join in company B ?

Except on returning using B's petition, you should not work for A.

[kabkaba]

You can but if your last action is entering the US using A's petition, you can only work for A. If last action is entering the US using B's petition, you can only work for B.