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Ruby0849

H1b transfer and visa stamping

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My first H1b was approved on Feb 1st 2019, and I haven't got a chance for visa stamping. And here are my questions:

1. Can I work for my current employer after the h1b transfer is approved for my new employer?

2. Can I get my visa stamping for my new employer while I'm still working for my current employer?

3. Can I work for my current employer for another week or so after my visa is stamped for my new employer?

Thanks  a lot for answering.

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1. Yes, you can as long as the current employer does not withdraw his petition. 

2. Yes.

3. No. 

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1. Yes. But not for too long, new employer might have to let USCIS know if you are not joining them and cancel the approval.

2. Technically yes. But it gets tricky if they ask you for paystubs with new employer and why have you not joined new employer after approval. 

3. At the port of entry they will ask you who is your employer and see that the employer is different on visa. You are just inviting more scrutiny and more questions. 

 

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Did you start working for your employer who got your H1B approved. Did you activate first H1B?

1. Yes you can work for current employer even your H1B transfer by new employer is approved. But once you let your new employer know that you are NOT work for them they will need to let USCIS know and get your H1B revoked. This is by law.

2. Nope and even if it possible resolving 221G is difficult and you will carry lot of risk.

I request you to be professional and keep in mind about your moral ethics in mind. It looks like you do not want to join new employer so let them know. Since you have your current employer you will be good.

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Thanks a lot for everyone who has answered. As there is one person who has some doubts about my motivation, I want to add some clarification to my situation and hopefully receive some suggestions/alternatives.

I've been working as a full-time employee for my current employer for almost three years and I got my H1b approved on Feb 2019 but I haven't gone outside of US for visa stamping yet. I'm not sure what's the exact definition of H1b activation, but I've always been working for the same employer in the same position without any issue.

I got a full-time offer from a different employer recently and seriously thinking about joining them (currently in offer negotiation process). The reason why I posted those 3 questions is, I want to go back to my home country, spend some time with families and got my visa stamped so I can do some international travel next year. I wasn't been able to do so for almost two years with all the travelling constrains related with H1b application / visa stamping. Before I knew I might join another company, I have planned a trip to my home country at the end of the year which will utilize the "shutdown" period with my current employer and the year-end holidays. I am wondering if there is anyway I can still make it even if I switch employer at some point. I want to have this trip before I start to work for my new employer as in my future role, it's hard to work from home for several weeks, especially when I first joined the company.

Currently, what I have in mind is, keep working for my current employer and have my new employer start the H1b transfer process. If I can get approval before mid December ("shutdown"), I will go back to my home country for visa stamping with my new employer and come back at the beginning of 2020 (when the stamping is done) and give a week of notice to my current employer and then join my new employer. 

Based on your answers, it seems like it's a risky plan. I will highly appreciate if anyone can suggest an alternative for me. I really don't want to stuck in the US for another year without the ability to travel abroad... thanks a lot!

 

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I suggest you go to Mexico at the earliest and get your visa stamped (hope this is not your first visa stamp) while you are with your current employer. This is because you have all your paperwork in place with your current employer. The visa process becomes easy.

You can make a trip to India during the shutdown and come back and gracefully quit. You will remove a lot of ambiguity in the process.

Edited by rohit369

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On 11/5/2019 at 3:44 PM, rohit369 said:

I suggest you go to Mexico at the earliest and get your visa stamped (hope this is not your first visa stamp) while you are with your current employer. This is because you have all your paperwork in place with your current employer. The visa process becomes easy.

You can make a trip to India during the shutdown and come back and gracefully quit. You will remove a lot of ambiguity in the process.

Thanks for answering. Unfortunately this is going to be my first visa stamp and with all the re-organizing happening now in my current employer, it's hard to justify the timing to go now... end of year would be a lot easier.  

What if I quit my current employer after my H1b transfer is approved and then leave the states to get my visa stamp for my new employer? It's going to be before my starting date with the new employer though... and what happens if I can't get back before the 60 day grace period is over? Also, I read the rule for the grace period and it says the grace period is over when it reaches 60 days or I-94 expiry, whichever comes first. The last time I entered the US was back in Feb 2018, under F1 OPT... I'm not clear on my I-94 expiry.

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If you quit and leave the country, there is no 60 day grace period. You will have to get a new visa and travel back. Your H1B which was approved on Feb 1st 2019 should have come with an I94.

While on H1,everything will not work as you plan. Unfortunately you will have to build your life around these extensions, transfers, visa interviews.

Take a break from work, go for visa stamping in your home country (Canada is also an option) then come back and let new employer apply for transfer. Spend some extra time with family members back home, nothing is worth more than spending time with loved ones. 

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17 hours ago, User099 said:

If you quit and leave the country, there is no 60 day grace period. You will have to get a new visa and travel back. Your H1B which was approved on Feb 1st 2019 should have come with an I94.

While on H1,everything will not work as you plan. Unfortunately you will have to build your life around these extensions, transfers, visa interviews.

Take a break from work, go for visa stamping in your home country (Canada is also an option) then come back and let new employer apply for transfer. Spend some extra time with family members back home, nothing is worth more than spending time with loved ones. 

Thanks for your kink advice and I can't agree more on "nothing is worth more than spending time with loved ones" and that is the exact reason why I'm seeking for help here. Based on the situation with my current employer, it is not possible for me to go visa stamping for them. And my new employer is asking me to be on board as soon as possible and they put me with the legal department the second day I signed my offer. All I'm trying to do is to figure out a time to go back home and spend some time with families...any idea how to work around everything that is happening?

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