MT0780

Travel overseas before mailing H1B transfer

3 posts in this topic

Hello,

    I'm currently working under H1B visa for company A and recently find a new position in Company B which will mail the 'change of employer' petition to USCIS in next two weeks. The tricky part is that during the same period I have a scheduled international travel and it's highly likely that I'll be abroad when USCIS receives the filing.  Would this be a problem? My understanding is that Company B will file an "extension of stay" with the "change of employer" petition. And I find that in the I-129 instruction it says

    " Extend the stay of each beneficiary who now holds this status. Check this box if the beneficiary is currently in the United States in a nonimmigrant classification and is requesting an extension of his or her stay in the same nonimmigrant classification. " 

    I'm kind of confused here and not sure how to interpret the requirement of 'currently in the United States', as in many other threads it's said travel is allowed when 'change of employer' petition is pending. Can anyone shed light on this?  

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If the petition is filed while you are abroad, it can't be an extension of status, because by definition you only have a status while in the US.

Are you planning to start working for company B when you return? If so, you have to wait for the petition approval abroad.

 

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21 hours ago, JoeF said:

If the petition is filed while you are abroad, it can't be an extension of status, because by definition you only have a status while in the US.

Are you planning to start working for company B when you return? If so, you have to wait for the petition approval abroad.

 

Thanks for your answer! I plan to work for company B when I receive the notice, so probably some time after return. My current visa stamp expires in Oct. 

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