H1B Transfer - Please help

[rekha_golani]

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[Subramanya]

H1 issues

I was working for company A on H1 visa, I resigned that company and joined a consultant B. Consultant B has filed for my H1b transfer. They have received the receipt notice. They say that approval will take 2-3 months more and they cannot give me the approval notice papers unless I start working on a assignment with them.

I am currently on bench and I am not planning to join work till september as I am planning to go to India on vacation in July-August timeframe and come back and find project and start working in sept.

My question is:
1) Can I travel to India with the receipt notice and offer letter from Company B?

---- If you travel to india while the H1 trasnfer is in process you are considered to have abandoned the H1 transfer adn you have said good bye to H1

2) Am I in legal status since my H1 is in transfer process?

---- If you are in the US and in a valid Visa status you are considered legal even though you have applied for a transfer

3) Will company A would have cancelled my H1b?

---- That you will have to ask the company A as all other talk is pure speculation

Subramanya

[rekha_golani]

Subramanya - Please help me

My H1B petition and I-94 is valid till May 2008. Just that I am in process of transferring my H1b to a new employer.

1. Does this mean that till the process of H1b transfer is complete, it is not safe for me to travel to India?
2. I am on bench currently and I wish to stay in India for 2-3 months, can I change my status to H4 and whenever I find suitable opportunity I change it to H1 again? Will I be counted against the quota?
3. Typically how much time it takes for H1B transfer to be completed. I initiated the process around a month back.

Appreciate your help on this matter.

Thanks,
Rekha