H1-B period of unemplyment

[Ross Williamson]

This is a strange scenario I know...

I work at a University and I'm transferring from the main campus to a national lab (same payroll people) - This is basically a new job (required interview, Offer letter etc). This required a new H1-B transfer to be applied for (amended petition). What I would like to do is quit from my current job in order to receive my vacation pay and then start at the new job. The scenario is as follows

I work for company A on an H1-B. I leave the US back to home country, resign whilst at home (from the job with the old I-797). Apply at the Embassy with the new I-797 and return to the US within the 10 day period and start my new job. Can I do this if the H1-B is an amended petition?

[Nattybone]

Hello, Ross.

Basically, there is a change in your job profile which warrants an amended H1B petition, correct? I feel you could certainly go to your home country and appear for a fresh H1B stamp at the consulate with a new I797.

I understand you want to avail the vacation benefit, i am just not sure if in 10 days you could: i) get a new I797 approved from the USCIS, ii) go for the visa interview in your home country, iii) and be back in the US.

Otherwise, what you intend to do seems pretty doable.

Personal opinion.

Wishing you luck.

Cheers,

This is a strange scenario I know...

I work at a University and I'm transferring from the main campus to a national lab (same payroll people) - This is basically a new job (required interview, Offer letter etc). This required a new H1-B transfer to be applied for (amended petition). What I would like to do is quit from my current job in order to receive my vacation pay and then start at the new job. The scenario is as follows

I work for company A on an H1-B. I leave the US back to home country, resign whilst at home (from the job with the old I-797). Apply at the Embassy with the new I-797 and return to the US within the 10 day period and start my new job. Can I do this if the H1-B is an amended petition?