H1-B Transfer Filed while outside US

[yaths]

Hi,

I am seeking information on my situation below:

1) I traveled to India on employer A's VISA on May 27th , 2017. I have valid visa till June , 2018
2) I had accepted an offer with employer B on May 12th , and they filed the H1 Transfer on June 6th , 2017 (While I was in India).
3) I returned to the states on June 30, 2017 with employer A's VISA and continued to work with A.
4) Got the H1B Transfer receipt confirmation on June 22, 2017 and joined employer B on July 30, 2017.

Today, I got an RFE on the H1-B transfer and the reason is "They believe I left US on may 27th.".

What does the law states , do I have to be in US for H1-B to be filed ? What are the possible scenarios from here ?

Looks like the attorney who filed the H1-B transfer did not know about my travel plan , however I did mention my plans to the employer B when I accepted the offer.

[raghvi]

Hi,

I am seeking information on my situation below:

1) I traveled to India on employer A's VISA on May 27th , 2017. I have valid visa till June , 2018
2) I had accepted an offer with employer B on May 12th , and they filed the H1 Transfer on June 6th , 2017 (While I was in India).
3) I returned to the states on June 30, 2017 with employer A's VISA and continued to work with A.
4) Got the H1B Transfer receipt confirmation on June 22, 2017 and joined employer B on July 30, 2017.

Today, I got an RFE on the H1-B transfer and the reason is "They believe I left US on may 27th.".

What does the law states , do I have to be in US for H1-B to be filed ? What are the possible scenarios from here ?

Looks like the attorney who filed the H1-B transfer did not know about my travel plan , however I did mention my plans to the employer B when I accepted the offer.

Yes, if one is requesting for a continuation of status then one should not leave US. The most likely scenario is that the petition may be approved only as consular process (that is without I-94 at the bottom). In that case, you would have to leave US again, and re enter on a valid visa and showing B's approved petition to the POE officer. Now, the second issue of doing so is that the POE officer may grant you I-94 only till June 2018 and not till the petition end date of B. Employer not telling attorney is something that you have to ask the employer about.

This is my opinion not legal advice.

[yaths]

H1-B Transfer Filed while outside US

Yes, if one is requesting for a continuation of status then one should not leave US. The most likely scenario is that the petition may be approved only as consular process (that is without I-94 at the bottom). In that case, you would have to leave US again, and re enter on a valid visa and showing B's approved petition to the POE officer. Now, the second issue of doing so is that the POE officer may grant you I-94 only till June 2018 and not till the petition end date of B. Employer not telling attorney is something that you have to ask the employer about.

This is my opinion not legal advice.

Thanks for your comments, really appreciated.

As I have already joined employer B , if the petition is approved for Consular Process can I continue to work for employer B ?

And how soon do I have to return to India after petition is approved for Consular Process ?

[raghvi]

Thanks for your comments, really appreciated.

As I have already joined employer B , if the petition is approved for Consular Process can I continue to work for employer B ?

And how soon do I have to return to India after petition is approved for Consular Process ?

If petition is approved as consular or is rejected then you need to leave US immediately.

This is my opinion not legal advice.