Out of the US when applying for H1B Transfer

[lukehenrymas]

Hello,

I'm confused about the current situation I'm in and would appreciate your advise please. I've recently come to India from the US (on Nov 3rd) on a trip. My entry back to the US is planned to be on Nov 22nd. I currently have H1-B Visa Stamped and valid until April 2024 with my current employer. I was planning to switch jobs and now my new Employer wants to initiate H1-B Visa Transfer under Premium Processing. Can I let them do that (initiate the Transfer and it could possibly be approved before my Trip back on 22nd) ? Would there be any issues since my i94 would change when I enter back or since my H1-B Transfer was initiated when I was out of the US?

Kindly advise please since I'm quite scared and unsure what to do. Thank you in advance!!!

[melonyears]

That is a tricky situation with the timing of your potential H1-B transfer. A few thoughts on it:

• Since you initiated the transfer process while out of the US, there shouldn't be any issues with your I-94 status changing when you return on November 22nd. As long as the transfer is approved before then.
• I would double check with an immigration lawyer though just to be sure. The premium processing timeframe is generally 15 days so it should be approved before your return date if submitted soon.
• You'll want to make sure your new employer knows the exact dates you'll be traveling so there are no gaps in employment authorization.
• Carry proof of your pending transfer case with you when traveling just in case, like any paperwork from your new employer.

My gut feeling is it should work out as long as everything is submitted promptly. But an expert consult couldn't hurt for peace of mind.