H1 transfer - Unique case

[nk2012]

HI...
I am in US from a Indian IT Chennai company (software engineer working at client location but employee of Indian company) since 1.1 years.....

My H1B is valid till Mar13....I have valid I797 got with Extension but Visa stamping on passport is expired...

My wife and 2 kids are with me in US (their H4 is valid till Mar2013)....
I am looking for a job change with my client only...But as per agreement with Indian company, I cant join client for 5 months...say my client is ZZZ-USA....But YYYY has also office in Italy....Hence I can join there in Italy...

So I plan to join ZZZ-Italy for 5 months and come back to ZZZ-US from 6 month onwards...

Below are my queries,
1. Can ZZZ-US initiate my H1 transfer in USA and then I can resign (after initiation/approval) and then go to Italy for 5 mnths??? Is ZZZ_US initiating my H1 transfer + my going to Italy legal???

2. Can I stamp my H1B at US consulate in Italy i.e. no need to go back to home country for stamping?? Also meantime I am in Italy, assuming my H1 trasnfer in US is done, can I stamp H1B in Italy before completing 5 months {considering I cant be with ZZZ-US for 5 months. In other words, I will have my new I797 from ZZZ-US but not working there for 5 months}.

3. While I am in Italy for 5 months, can I keep my dependants in rented apartment (on H4) ??? If not, i think they should be sent back to India and then I need to give them my new I797, so that they can have visa appointment in Chennai?? Please confirm

4. Lastly, if I keep my rented apartment in US {with me in Italy and dependants in Chennai}, will I get any Tax benefits after I return to ZZZ-US ???

Sorry for long query, hope to see your reply!! TIA !!!

[shervin143]

1. Can ZZZ-US initiate my H1 transfer in USA and then I can resign (after initiation/approval) and then go to Italy for 5 mnths??? Is ZZZ_US initiating my H1 transfer + my going to Italy legal???
>>> Yes.

2. Can I stamp my H1B at US consulate in Italy i.e. no need to go back to home country for stamping?? Also meantime I am in Italy, assuming my H1 trasnfer in US is done, can I stamp H1B in Italy before completing 5 months {considering I cant be with ZZZ-US for 5 months. In other words, I will have my new I797 from ZZZ-US but not working there for 5 months}.
>>> Possible.

3. While I am in Italy for 5 months, can I keep my dependants in rented apartment (on H4) ??? If not, i think they should be sent back to India and then I need to give them my new I797, so that they can have visa appointment in Chennai?? Please confirm
>>> When you leave the country, you will no longer be in H1B status. There is no H4 without a valid H1B. When you leave the country, your depends should also leave the country. Otherwise they will go out of status on H4.

4. Lastly, if I keep my rented apartment in US {with me in Italy and dependants in Chennai}, will I get any Tax benefits after I return to ZZZ-US ???
>>> No. The best option is to put all your stuff in a storage until you return back. It is less expensive to keep the stuff in a storage than in a rented apartment.

[nk2012]

Thanks a lot for the quick reply....You guys really rock!!...

One additional query on Point3....my dependants H4 visa is expired on the passport, but they have valid I593 case till Mar13....
Now, if ZZZ-US can initiate my H1 trasnfer, can they do the same process for dependants??? (So that they can go to Chennai and then get new Visa stamped on basis of new I593 case and my I797 when still I am in Italy)...

Thks again.....

[shervin143]

Not required. H4 approval notice is not required to get the H4 visa stamped. Only the I-797 approval notice of the H1B holder is required to get the H4 stamped.

Thanks a lot for the quick reply....You guys really rock!!...

One additional query on Point3....my dependants H4 visa is expired on the passport, but they have valid I593 case till Mar13....
Now, if ZZZ-US can initiate my H1 trasnfer, can they do the same process for dependants??? (So that they can go to Chennai and then get new Visa stamped on basis of new I593 case and my I797 when still I am in Italy)...

Thks again.....

[nk2012]

Thanks again !!

[nk2012]

HI....I got overall idea that my case is legal....But still I want to make clear the below:

"Does ZZZ-US initiating my H1 transfer {even when 6 months period is running}, LEGAL??
And do I need to sign offer letter from ZZZ-US to initiate H1 transfer? (I think thats against clause)
Then maybe I can sign ZZZ-Italy offer letter and then ZZZ-US can initiate my H1 transfer. Please tell which offer letter signing will be legal"

I got little confused, hence the query. TIA!!!

[shervin143]

USCIS doesn't care about your offer letter. If an employer is spending money to file a petition on your behalf, then it is understood that they are hiring you full time. H1B petitions can be filed with the request for the effective date to be upto 6 months in the future. Your petition should be filed for consular process.

HI....I got overall idea that my case is legal....But still I want to make clear the below:

"Does ZZZ-US initiating my H1 transfer {even when 6 months period is running}, LEGAL??
And do I need to sign offer letter from ZZZ-US to initiate H1 transfer? (I think thats against clause)
Then maybe I can sign ZZZ-Italy offer letter and then ZZZ-US can initiate my H1 transfer. Please tell which offer letter signing will be legal"

I got little confused, hence the query. TIA!!!

[nk2012]

Now I got the entire process.....Thanks a lot!!