H1B transfer, Visa stamping and India Visit

[msgforashish]

Hi,

I am in kind of tricky situation and need help/suggestion.

Document/Visa status:

1. On my passport I have H1B visa stamp of Company A which got expired on Sep30, 2013.
2. I moved from company A to company B in Feb, 2012 and thus have a new I-797 which is valid till Jan, 2015.

My plan was to visit India end of October and since the visa on my passport had expired, I will have to go for stamping at New Delhi consulate with docs of Company B.

Now, in August/Sept, few things happened which made the situtation tricky.

In Aug, my business unit of Company B got divested and because of this divesture, a new Company C came into existense.
I became the employee of Company C from September 1st and started getting pay from this new company C.

Company C has to file H1 transfer so that I should get a new I-797 which will have Company C's name.
I was planning to do that in first week of October and we were hoping that I would have everything done by 3rd week of October (under premium processing).

But due to government shutdown (DOL closed), company C could not file for H1B transfer. Hopefully, the shutdown gets over this week, that will get filed as early as Monday (next week).

My question is that:

During this transfer is happening, is it fine if I travel outside US and visit India?
Does my presence in US increase the chances of getting my application approved or in other words does my visit to India increase the risk of denial and getting an RFE?
Or it doesn't matter?

I would defintely be going to New Delhi consulate for interview, only once I have my new 797.

Regards,
Ashish

[Nattybone]

Hi,

I am in kind of tricky situation and need help/suggestion.

Document/Visa status:

1. On my passport I have H1B visa stamp of Company A which got expired on Sep30, 2013.
2. I moved from company A to company B in Feb, 2012 and thus have a new I-797 which is valid till Jan, 2015.

My plan was to visit India end of October and since the visa on my passport had expired, I will have to go for stamping at New Delhi consulate with docs of Company B.

Now, in August/Sept, few things happened which made the situtation tricky.

In Aug, my business unit of Company B got divested and because of this divesture, a new Company C came into existense.
I became the employee of Company C from September 1st and started getting pay from this new company C.

Company C has to file H1 transfer so that I should get a new I-797 which will have Company C's name.
I was planning to do that in first week of October and we were hoping that I would have everything done by 3rd week of October (under premium processing).

But due to government shutdown (DOL closed), company C could not file for H1B transfer. Hopefully, the shutdown gets over this week, that will get filed as early as Monday (next week).

My question is that:

During this transfer is happening, is it fine if I travel outside US and visit India?
Does my presence in US increase the chances of getting my application approved or in other words does my visit to India increase the risk of denial and getting an RFE?
Or it doesn't matter?

I would defintely be going to New Delhi consulate for interview, only once I have my new 797.

Regards,
Ashish

Hello, Ashish.

You would definitely need Company C's I797 approval with you. You would be unable to enter on your expired stamp. And to get a new stamp, you would need the I797. As long as legal status is maintained, i would not be worried about RFE.

I hope this helps.

Wishing you luck.

Cheers,

[msgforashish]

Thanks Nattybone.
I understand that I can go for visa stamping only with Company C's 797 and without new stamping I cannot enter US.
My main question is that while the H1B transfer is happening (from Company B to Company C), is there a mandate that I should remain in US for that period of time or I can travel to India?

My lawyer says that I can travel(but I want to have a second opinion with experts here ) and it should not be a problem and once the approval is done, they will courier/mail it to me at my India address. And only after that I will go for visa stamping.

I think acquisitions/divesture, federal shutdown, planned India visit have all come at the same time for me

[Nattybone]

Thanks Nattybone.
I understand that I can go for visa stamping only with Company C's 797 and without new stamping I cannot enter US.
My main question is that while the H1B transfer is happening (from Company B to Company C), is there a mandate that I should remain in US for that period of time or I can travel to India?

My lawyer says that I can travel(but I want to have a second opinion with experts here ) and it should not be a problem and once the approval is done, they will courier/mail it to me at my India address. And only after that I will go for visa stamping.

I think acquisitions/divesture, federal shutdown, planned India visit have all come at the same time for me

Hello, Ashish.

Hahah. Some have had it worse

I do not feel this is a challenge. People say that one should avoid travelling while an application is under process. I hope the attorney filed for a Consular Processing application for you and not Change of Status.

Wishing you luck.

Cheers,