H1B Transfer-India Travel

[Prajashi]

Hi, 

I am currently working for client A of Employer X ; Employer X holds my H1B. My H1B transfer from Employer X to client A is in process : LCA got approved and attorney will file for H1B in approximately 2-3 days.  Meanwhile I got offer from Employer Y. And I am planning to visit India in March ( flying in second week of March and returning in mid April). Please tell me which should be the correct answer ( or combination of answers) among following to handle my current situation:

1. Should I avoid traveling to India completely ?

2.  Should I inform client A that I got offer from other company and ask them to not to file the transfer from Employer X to client A.  And start the procedure of transferring H1B directly from Employer X to Employer Y. 

3. Should I postpone my joining date. And wait to complete the transfer of H1B from Employer X to Client A  and then again file for H1B transfer from Client A to Employer Y? Meanwhile if possible travel to India. 

I would greatly appreciate it if you kindly give me some advice regarding this.

Thanks. 

 

 

[pontevecchio]

Nothing gets transferred. Each employer who wants to hire you has to file a new H1 petition, non cap in a so called "transfer" .

You should have Y file your H1 with PP and once approved have them send the approval to you during your trip.

[suddiv]

To my knowledge 

Should I avoid traveling to India completely ?

No , you don't have to as long as you have a valid Visa and your are not in between any legal processing. 

Should I inform client A that I got offer from other company and ask them to not to file the transfer from Employer X to client A.  And start the procedure of transferring H1B directly from Employer X to Employer Y. 

This is your personal decision weather you want to be Client "A" or move to Employer "Y" in your case- if you want to transfer from Employer "x" to Employer "Y" directly - suggestion would  be complete your India trip and initiate your transfer process to Employer"Y"  but yes  do inform client "A" to hold off your transfer. 

Should I postpone my joining date. And wait to complete the transfer of H1B from Employer X to Client A  and then again file for H1B transfer from Client A to Employer Y? Meanwhile if possible travel to India. 

As mentioned above suggestion - Inform client "A" to hold off the Transfer process and tell them you have to travel to India trip  in case if you dont want to tell them you got an offer from Employee " Y " - 

After you come back you initiate with employer "Y" or Client "A" .  based on your travel dates  give them your Joining dates.  

Make sure you don't loose either of the opportunities  ! good Luck 

 

Thanks,

Deepu