Travel to India while changing employers, no h1B stamp

[satyak]

My situation is kind of complex. I am currently past my 6th year of h1B and my visa stamp in my passport expired in June 2016. I have an approved I-140 from my current employer A with a priority date in Nov 2014. I have a h1B extension approved with my current employer A until June 2019 based on my approved I-140. So now I am planning to change jobs and my new employer B is ready to file for h1B transfer. Its been a while since I have been to India and I want to travel in between.

1. Is it advisable to  go to india while the new employer B is transfering h1B?
2. Can I go for stamping with my current employer A's h1B extension?
3. Or do I need to go for stamping with my new employer B's h1B transfer once that is approved.

Please advice. Thanks for your help.
 

[pontevecchio]

Ask the new employer to file with PP and then leave on approval and return with the visa.

[satyak]

But approval takes a long time even with premium processing. What if I want to travel while the transfer is taking place?

[JoeF]

59 minutes ago, satyak said:

But approval takes a long time even with premium processing. What if I want to travel while the transfer is taking place?

PP takes 15 days. How is that "a long time"?

If you travel before the new H1 petition is approved, you would have to wait abroad until the new H1 petition is approved, and you can then get a new visa with that petition.

You can not use the petition from the old employer to get a new visa if you are not employed there anymore. It would be immigration fraud.

[satyak]

Thanks for answering my question.  I am still confused about this.

If h1B transfer with new company is pending, why cant I go and get visa stamping with my current employer? Is there a rule that you cannot travel while h1B transfer is pending? Also,even if h1B transfer is approved with my new company while I am in India, cant I travel back to the US with my current visa stamp? Why will it be considered fraud?

 

Please let me know. 

[pontevecchio]

Who are you going to join when you return? If it is A then you can get the visa with A. Then you can serve out your notice and will have 60 days to join B if B gets a H1 petition for you approved. If not A , get the H1 petition filed for with PP.