H1B Transfer - Seeking advice before making H1b Transfer

[H1bEnthusiast]

Hello all,

Here is my Situation. I m currently in USA with H1b visa (valid until Sept-2017) stamped in my passport for Employer-A.

I m planning to switch to Employer-B

1. Are there any scenarios where H1b Transfers too get rejected?
2. I m planning to visit India after resigning from Employer-A. While returning back to USA,
a). Can I travel back to USA with just the receipt of new H1b-Transfer petition or should the petition get approved before travelling back to USA?
b). If the petition needs to be approved, do I need to have it stamped in my passport before entering back?

Thank You.

[raghvi]

Hello all,

Here is my Situation. I m currently in USA with H1b visa (valid until Sept-2017) stamped in my passport for Employer-A.

I m planning to switch to Employer-B

1. Are there any scenarios where H1b Transfers too get rejected?
2. I m planning to visit India after resigning from Employer-A. While returning back to USA,
a). Can I travel back to USA with just the receipt of new H1b-Transfer petition or should the petition get approved before travelling back to USA?
b). If the petition needs to be approved, do I need to have it stamped in my passport before entering back?

Thank You.

1. Yes. Example, if employer cannot show proof of genuine work.
2. a.Technically you can.
b. Not required.

For the sake of simplicity I would say avoid travel while H1 "transfer" is under process. If you must travel, try processing the transfer in premium and get approval before you travel out of US, or travel in after getting the approval notice posted at local address of place traveling to.


This is my opinion not legal advice.