Urgent ! H1B Transfer issue

[PEGUPE]

Hello Gurus

I have the H1B visa valid from Company A for the next 3 Yrs. I just received it. Soon after receiving, I travelled to US for a month.

During this period, I got another job offer in Company B. I would like to join them. However since I am on a short assignment I am supposed to leave back to India and the situation is that the company B has just filed for the LCA and they will apply for petition after getting it. (This will be in my absense in USA - I will be in India by then since my assignment ends in US and I am required to go back) If I resign, Company A might probably revoke the H1B and I dont want to take risk with my status.


My Question :

1) Can I simply apply for a transfer and go back to India and then come to US with the new H1B approval from Company B ? I so
2) Am I required to get the stamping done again on company B ?


Please Help as this is urgent.

Thanks & Regards

[txh1b]

It does not matter if company A revokes the H1b after you leave the country. That cannot impact company B tranferring the H1b. Your status is valid only when you are inside US.

1. Yes
2. No new stamping needed.

[PEGUPE]

Urgent ! H1B Transfer Issue

Many thanks for a quick reply.

I am also wondering if there is any grace period which can be utilized.

I am supposed to leave on 28th Feb. Assume, I have resigned by 26th and cancel my return journey, I might receive the LCA on 3rd March. Assuming Company B will apply for H1B approval on or after 4th, I will have a vaccum for 5-6 days and it will be a fingers crossed situation.

Request you to please advise a solution to this.


Thanks & Regards