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  • H-1B Transfer Timeline Question

    Hi,

    I am presently employed with ABC Company in the US with a H-1B visa valid until Sept 2015. I have the visa stamping also already done under ABC Company. Now, I am looking to shift to XYZ company and XYZ will begin my H-1B transfer process in mid-November. My start date with XYZ will be on 27th of December. In the meanwhile, I have to travel to India for unavoidable reasons and will be coming back on December 14th. I will continue to work with ABC for 2 weeks upon my return and submit my resignation with ABC only after then. Which means I will have my Verification of Employment letter from ABC at the Port of Entry when I come back. Now, my questions are:

    1. Would the H-1B transfer(whether approved or not) be an issue in my POE?

    2. I will not know my visa transfer status for sure when I leave/come back from India. In the situation that the visa gets approved prior to my return to the US, would I need restamping done in India?

    3. Also, would I need different set of documents/papers at my POE?

    4. Would it make a difference if XYZ started my visa transfer after I return? Or, since I will have the Verification of Employment letter from ABC, would this not be an issue at all?

  • #2
    Originally posted by dpaa View Post
    Hi,

    I am presently employed with ABC Company in the US with a H-1B visa valid until Sept 2015. I have the visa stamping also already done under ABC Company. Now, I am looking to shift to XYZ company and XYZ will begin my H-1B transfer process in mid-November. My start date with XYZ will be on 27th of December. In the meanwhile, I have to travel to India for unavoidable reasons and will be coming back on December 14th. I will continue to work with ABC for 2 weeks upon my return and submit my resignation with ABC only after then. Which means I will have my Verification of Employment letter from ABC at the Port of Entry when I come back. Now, my questions are:

    1. Would the H-1B transfer(whether approved or not) be an issue in my POE?

    2. I will not know my visa transfer status for sure when I leave/come back from India. In the situation that the visa gets approved prior to my return to the US, would I need restamping done in India?

    3. Also, would I need different set of documents/papers at my POE?

    4. Would it make a difference if XYZ started my visa transfer after I return? Or, since I will have the Verification of Employment letter from ABC, would this not be an issue at all?
    Hello, DPAA.

    It is actually not recommended to travel while the visa transfer process is on. So, i will leave that part aside.

    Now, as long as the dates on the H1B visa stamped on your passport are valid, you can travel in and out of USA even if you change the employer in USA from what is there on your visa stamp. What you need for the POE questioning is the I797.

    I hope this helps and answers your situation.

    Wishing you luck.

    Cheers,
    These are my personal thoughts. I am not a professional.

    Wishing you luck.

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