Travel during H1 transfer

[RadhikaPradeep]

Hi,

 

I am working on cap gap currently for company A and would like to join company B only after the transfer has been approved.

 

I want to know the consequences/limitations of travelling to India while the H1 transfer is in progress, I mean LCA preparation through H1 transfer approval.

 

If I travel during the approval, I will get passport stamped with company A documents in order to return to the US since I will not quit A prior to approval. With this situation, I have some questions here. Please help.

 

1. If the H1 is filed on Oct 1, I will not have any pay stubs from company A in H1 status. Will that pose a problem for approval? In case, I need to submit pay stubs, how many are usually required?

 

2. Can I travel even if the transfer process is in LCA stage?

 

3. What happens if the transfer is approved while I am away? Will this actually happen?

 

4. What happens at consulate when I go for stamping: (a) during approval process (b) after approved

 

5. What happens at PoE if transfer is approved after stamping?

 

6. Will company A ever know about company B's petition until I tell him that I want to quit?

 

I see people are divided on travel during transfer... some don't recommend while others don't object. What exactly happens to the petition while the beneficiary travels during the approval process? Why don't some recommend?

 

Thanks for your patience! I want to play it safe by all means and hence these questions.

[RadhikaPradeep]

Hi.. Can someone help me concerning travel during H1 transfer

[jairichi]

1. No need of pay stubs. Employer B can initiate H1B transfer only after Oct 1st. Any attempt before that might lead to its denial & revocation of approved H1B with employer A & you would need to go under cap again.

2. Yes, it is fine.

3. Refer 1.

4. Anytime.

5. Nothing.

6. No.

[RadhikaPradeep]

Thanks Jairichi for your responses... I can now go ahead with my travel plans with confidence :)