H1B Transfer

[Ana E. Oropeza D.]

Hi!
I just received a new job offer. The offer dictates that I move to England for a month of training before coming back and working in the states. They have an office in New York, but headquarters in London.
1 .- Can I work for a month in England without losing my visa status?
2 .- How hard and long does it take to get my visa transfer?
I need to give an answer by the end of the week and I'm really not sure if my immigration status allows me to take the job.
Thanks

[raghvi]

Hi!
I just received a new job offer. The offer dictates that I move to England for a month of training before coming back and working in the states. They have an office in New York, but headquarters in London.
1 .- Can I work for a month in England without losing my visa status?
2 .- How hard and long does it take to get my visa transfer?
I need to give an answer by the end of the week and I'm really not sure if my immigration status allows me to take the job.
Thanks

1. What work you do outside US is not much of a concern to USCIS, as long as its not an Anti-US work :-). H1 Status is only while one is in US, outside US one does not have status, this does not mean you lose your H1.
2. Hard/difficult only the attorney can answer based upon the documentation that your employer can provide them. A large employer with a valid in house project or end customer should not typically have any issue.

This is my opinion not legal advice.

[Ana E. Oropeza D.]

Thanks Raghvi!!

I will be returning to the States after I complete my 1 month training in England. I just want to make sure I can come back into the country and work after that month! If not, I cannot accept the job offer. I really don't want to risk loosing my H1B status.
Will be talking to an attorney tomorrow to see what my case looks like! I have the H1B for 2 more years and hopefully this process is easy and there is a way around it.
Thanks again!

[raghvi]

In order for you to work with the new employer as soon as you return back, the new employer should already have got LCA and I797 for you.

The next employer would have to file your "transfer" as premium so that while you are outside, it gets approve, and then mail it to your UK address so that you can show it at the Port Of Entry when you enter US with existing valid visa and new employer's approved petition.

This is my opinion not legal advice.