H1-B Transfer while traveling

[cali_worker]

Hello all,

I am traveling to India in January and shall be getting my visa interview done in the second week. Assuming all goes well. I plan to come back in the last week of the month. This visa was filed by Company A

 

I am currently interviewing with Company B and if they decide to hire me, I would like to switch jobs. My question is that if I get a job offer from them while I am in India and planning to come back, can I ask them to initiate the transfer?

 

Assuming they initiate the transfer under premium processing and it takes two weeks, can I travel during that two-week period and come back to the US using Company A's H1-B?  

 

Or should I first come back to the US on Company A's H1-B and then ask Company B to initiate the transfer?

 

Any help would be appreciated

[rahul412]

Its better if they file your H1 once you entered into US.

[ashuneel]

you can ask Company B to file petition in Premium. If you get approval it is better to go for stamping with company B I 797 as you intend to work there.

doing otherwise will be fraud.

If there is no timely decision from company B then go for stamping with company A and you can have the petition filed once you are here after which you can join the new company.

[cali_worker]

Follow-up question. My H1 petition was approved but my COS was denied. I still have valid status till January 11. Assuming Company B hires me (interview is tomorrow, December 18), can they file an H1 transfer request although my COS was denied? If that is a yes, I won't have to go for star,ping at all. I'll go eventually (maybe in a few months) with Company B's H1-B and an approved status in hand.

 

If that is a no, it means that I absolutely need to get my stamping done even before I can think of joining Company B.

 

Please advise. Thanks for the help

[JoeF]

Follow-up question. My H1 petition was approved but my COS was denied. I still have valid status till January 11. Assuming Company B hires me (interview is tomorrow, December 18), can they file an H1 transfer request although my COS was denied? If that is a yes, I won't have to go for star,ping at all. I'll go eventually (maybe in a few months) with Company B's H1-B and an approved status in hand.

 

If that is a no, it means that I absolutely need to get my stamping done even before I can think of joining Company B.

 

Please advise. Thanks for the help

 

"Interesting" attempt to get around the issue of denied COS (which according to your posts on another thread seems to have to do with abuse of CPT.)

It won't work. The USCIS examiner has all the history in front of him in the file. The examiner would see that the previous H1 COS was denied, and very likely do the same.

You need to face reality, not trying some shady attempt at finding loopholes that don't exist.