H1 Transfer

[nipun_jain]

Hi,

My friend has H1 Visa and currently working in US. He has applied for a transfer over there as got an offer. Now his company is planning to send him back and transfer receipt is not yet received. So, what are the implications if he does come back to India before the H1 transfer is completed. And also, what process can be followed to transfer the visa after returning?
Thanks in advance.

[shervin143]

If he leaves the country when the H1B petition transfer is in progress, then technically the transferred H1B petition should get approved for consular process. He can use the transferred H1B petition along with the existing H1B visa in the passport to re-enter U.S to work for the new employer. There is no such thing as visa transfer. As long as the H1B visa in the passport is valid, he can use that to travel along with the new approval notice. If he want to get the new employer's name on the visa, then he need to apply for the visa again.

[nipun_jain]

H1 transfer

Hi,
Thanks for replying.

Actually situation is, he confirmed an offer, the process within the other company has started, but no confirmation or receipt of H1B transfer is there.Although other processes like bank account etc have been started by prospective employer. If the current employer asks him(or send him) to leave US owing to retain him, will it affect H1B transfer?

If he resigns from the current company and wait for the other companty to confirm the transfer, will it create problems for his stay legally?
Also, please let me know how much time generally it takes for transfer process to get complete?

Thanks.

[shervin143]

Actually situation is, he confirmed an offer, the process within the other company has started, but no confirmation or receipt of H1B transfer is there.Although other processes like bank account etc have been started by prospective employer. If the current employer asks him(or send him) to leave US owing to retain him, will it affect H1B transfer?
>>> LIke I mentioned, if he leaves the country in the middle of the H1B transfer, then transfer might get approved for consular process and he can return back when the transfer gets approved as long as he has a valid H1B visa in the passport. If the transfer gets approved with a new I-94 when he is out of the country, then he should follow the below link to return it back to CBP.
https://www.immihelp.com/returning-u...4-form-to-cbp/

If he resigns from the current company and wait for the other companty to confirm the transfer, will it create problems for his stay legally?
>>> Yes. That will be an issue since he will go out of status on H1B. However, he is allowed to join the new employer upon receiving the H1B transfer receipt notice (although it is not advisable to oin just based on the receipt notice). The best option is to let the current employer know only after the H1B transfer gets approved, instead of trying to get things complicated.

Also, please let me know how much time generally it takes for transfer process to get complete?
>>> 2-3 months by normal process and 15 days by premium.