H1b transfer and Stamping on Travelling out of country

[narkyera]

Hi All,

I am Swathi. I got a FT Job offer. I have 3 questions.
I am currently working as a Consultant and have H1b stamping valid until 2015.
I will be travelling to India on Oct 28, my new employer will be initiating my h1b process soon before I leave.

1. Will there be any problem If I am travelling while my H1b transfer is in process, What happens to my I-94?
2. As I already have my stamping done, should i again go for stamping as my H1b is being transferred to a new employer?
3. As it is at-will employment as per california law, if they terminate me on any day without any notice, Will I be out of status? How long Can i stay in USA to find another employer and do my h1b transfer?

Please advise.

Thanks
Swathi

[Nattybone]

Hi All,

I am Swathi. I got a FT Job offer. I have 3 questions.
I am currently working as a Consultant and have H1b stamping valid until 2015.
I will be travelling to India on Oct 28, my new employer will be initiating my h1b process soon before I leave.

1. Will there be any problem If I am travelling while my H1b transfer is in process, What happens to my I-94?
2. As I already have my stamping done, should i again go for stamping as my H1b is being transferred to a new employer?
3. As it is at-will employment as per california law, if they terminate me on any day without any notice, Will I be out of status? How long Can i stay in USA to find another employer and do my h1b transfer?

Please advise.

Thanks
Swathi

Hello, Swathi.

It is not recommended that an employee travels when the H1B transfer is in process. People do travel, but it is not recommended.

You need not have another stamping if your visa dates are valid. You could travel in and out of USA on the old visa on the passport and work for new employer in the US. At the Port of Entry, you will have to show the new I797.

If you are terminated while on H1B, you are immediately out of status. You should not be staying in the US post that. Even if you are able to get a fresh visa approved with a new employer, you will be asked to go for Consular Processing.

Hope this helps.

Wishing you luck.

Cheers,

[narkyera]

Thank you Sir.

[narkyera]

Will they issue I94(as it is electronic) while I am out of country after the h1b transfer process initiates?
Will the USCIS stop the transfer if I am out of states?

What questions do I need to ask my attorney here? I spoke to my attorney but he explained it rudely and strictly, i hardly understood anything.
Please advise.

[narkyera]

Do I have to be in USA until I get the acknowledge of H1b application receipt or only after the LCA approval?