Travel Outside US :-: H1B / I94 extended successfully -> Old stamped visa expired -> H1B transfer in process without premium due to suspension until 19-Feb-2019

[h1bmess14]

Hi folks,

Looking for your expert advise.

My situation is:

I'm working with employer A and Recently got my H1B extended but visa not stamped yet. Old stamped visa is expired.

If I have an offer from employer B and start H1B transfer in regular process (Premium being suspended till 19-Feb-2019).

1) Is it advisable to join employer B once I get receipt notice?

 

Say, if I decide not to join employer B until h1b transfer is approved.

2) Can I travel to India (going for stamping will be mandatory) while H1B transfer is in process with new employer B ?

3) If I can travel to India, will I be using last approved petition (h1b extended one) for stamping? or receipt notice of new h1b transfer ?

 

If I decide to join before H1B transfer approval:

4) What would happen If I travel to India in this case ?

 

Thanks in advance.

[pontevecchio]

1. Your decision.

2. If you leave you can come back with the H1 visa once the petition with B is approved . You will need petition approval for the visa stamp.

[h1bmess14]

@pontevecchio Thank you for your response.

For point 2.

I have approved petition with employer A (recently extended H1B). Can I use this one to go for stamping in India, even if petition with employer B is pending?

Is it a risk going to India when transfer petition is pending?

[pontevecchio]

Certainly. It will take months for the petition from B to be adjudicated. I would stay with A till the petition from B is approved in view of many recent denials.

[iraaj2000]

I have similar situation; Iam working for company A, Company B transferred my H1 and got approval. Later i travelled to India and got stamped with company A petition and came back working for same company A. validity of both A & B petitions having same date. Now i need to join company B, Is company B I94 came with transfer still valid ? can i join the company B 

[pontevecchio]

What is the time frame?

[iraaj2000]

company A validity July 2020 and company B transfer petition validity same as company A