H1 Transfer - query

[Puru.S]

Hi Forum,

Please help me out with my query.

I am in US now working for employer-A with a H1B; visa expired on 8/21/2016 and extension was filed and same was approved till August-2018(got a new I-94). I am yet to travel to India to get my visa-stamping done on my passport - planning to do in July 2017.

Now I have got a offer from employer-B. Below are my questions :
1. Although my extension is approved, but since I do not have visa-stamped - can I go for H1-transfer now from A to B ?
2. What is the normal processing time for the H1-transfer to get approved ?
3. What is the safe-stage during H1transfer, to resign at A and join B ?
4. While H1-transfer is pending, can I travel to India ?
a. If yes, when I go for visa-stamping in India, for what employer will I get my extension ?
5. Should I wait for H1-transfer to get approved and then travel to India ?

thanks
Puru

[raghvi]

Hi Forum,

Please help me out with my query.

I am in US now working for employer-A with a H1B; visa expired on 8/21/2016 and extension was filed and same was approved till August-2018(got a new I-94). I am yet to travel to India to get my visa-stamping done on my passport - planning to do in July 2017.

Now I have got a offer from employer-B. Below are my questions :
1. Although my extension is approved, but since I do not have visa-stamped - can I go for H1-transfer now from A to B ?
2. What is the normal processing time for the H1-transfer to get approved ?
3. What is the safe-stage during H1transfer, to resign at A and join B ?
4. While H1-transfer is pending, can I travel to India ?
a. If yes, when I go for visa-stamping in India, for what employer will I get my extension ?
5. Should I wait for H1-transfer to get approved and then travel to India ?

thanks
Puru

1. Yes.
2. With premium processing suspended and new timelines trend yet to come out its difficult to say. 3-6 Months would be a fair estimate , without RFE.
3. Safest would be to wait for B'1 petition approval with new I94.
4. Yes. But not advisable.
a. You can go for stamping only for the employer whose petition has been approved. So if at that time you only have A's approved petition you can go for A's interview. Also, if you travel while B's petition is pending, USCIS may not approve B's petition with a new I-94.
5. Yes I would advise not to travel.

This is my opinion not legal advice.

[friend41987]

H1 Transfer

Hello,
I resigned from company A and joined company B- a consultancy on the basis of receipt number from H1 transfer in premium mode. The project I was selected for got cancelled so company B searched for a new project for me and I started working on it. Meanwhile, I received an RFE due to client letter for the H1 transfer and company B decided to withdraw it and file a new H1 petition as it could not provide the client letter as that project got scrapped. Can you tell me if there would be any issue in my new H1 transfer? they are doing it in normal mode this time.