H1B transfer while outside USA


ishklight

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Hi,

I am in a situation where I don't see any light with my limited knowledge on immigration matters.

I am on H1B for a reputed tech firm in Washington for more than 3 years. I came to India on vacation and had to get a new visa stamp, and got stuck with admin processing. I have an approved I-140 and my H1B extension was based on I-140. My new H1B petition is valid until mid 2019.

While in US, I got a few exciting offers and wanted to change job after returning back to US. I accepted one offer and they started processing soon after I came back to India. I thought they could file cap exempt petition even if I am not present in US. However, the immigration attorney mentions that I need to be present in US to file a H1B transfer and extension of status. Is that true? I read from some forums that the applicant need not be present in the US to file a cap exempt petition.

My dependents stay with me on H4. If my visa processing gets delayed because of my most common name, I might lose both the jobs.What options do I have in this situation, except waiting and praying for the admin processing to clear up soon?

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