H1b International travel after H1B Transfer is approved

[Sai_krish]

My scenario is;

My H1-B visa is stamped for employer A till November 2020. 

I am currently in USA actively working for Employer A.

I have a received an offer from Employer B. They will initiate the H1-B transfer in Premium processing soon now.

I am leaving for India on March 31st 2020 for 3 weeks  due to wedding  .

Have plans to resign just a week after I come back to US  and then join Employer B.

 does Employer B have to file for a fresh process to get I-94 updated.

how can I join Employer B after my return as I will be  resigning  Employer A after return only.I cannot resign before that.

The above scenario is under the assumption that my H1B transfer petition is approved before 31st May before i leave US.

what happens if I receive an RFE and before RFE response I leave US on March 31st.

 

kindly advise me .Appreciate your help.

 

 

[User099]

If your Emp B can delay filing for the transfer and do it after you come back will be better. Is that an option?

 

[Sai_krish]

Hi , That is not an option. they are going ahead with the filing. what are the options I have?

1) will filing in the normal processing and upgrading to PP after i return back work?

2) if my H1-B Transfer gets approved before 31st march, what options i have to join emp B.

 

[User099]

To get a new I94 you will have to travel or file an amendment.

If the H1 is approved before you leave or while you are there, you are good and can join B after coming back. If H1 is approved after you come back, you will have an I94 mismatch and will have to travel again for a new I94.

Tell your new employer about your travel plans and talk to the attorney on what they will suggest. You already have one engaged for filing H1 so just make use of them.

Advanced wishes for your marriage!