H1B Transfer While Outside the US


Recommended Posts


I think I have a unique situation that I've tried to search for in this forum and others but have not found an answer. Here it is,


1.  I am currently on an H1B visa working for Employer A.

2. My visa stamp with employer A is expired as of March 30th 2017.

3. I already have an approved I-797 extending my stay until March 30th 2020 and this was filed in premium processing before the premium processing halt when in place.

4. I am traveling back home between May 25th and June 20th 2017 and at this time I will be getting the visa re-stamped. I have already qualified for the drop box so I am expecting a 7-10 day turn around for the same.

5. Once I return, I will go back to work for Employer A.

6. I am also in the process of changing jobs and am considering an offer from Employer B. When can Employer B file for my H1B transfer / change of employers. Given the premium processing moratorium, I do not expect the transfer to be complete in the next 5-6 months at the least. Can they either,

    a. Apply for the transfer before I leave for my home country. Will this in any way impact my visa stamping back home or my re-entry back to the US as they will note that I have a transfer pending but am still applying for a visa / re-entry with Employer A (who I intend to go back and work for initially before I cam move to Employer B with sufficient notice period fo Employer A)

    b. Apply for the transfer while I am outside the US. Again will it impact my visa stamping back home or my re-entry back to the US.

    c. Apply for the transfer once I am back from my trip.

Given te above, i.e. that I plan to work for Employer A after I return and will only move to Employer B after giving Employer A a 2-week notice once I am back from my trip, which of the above would be best. The reason I am even considering options 6a and 6b is that I am worried Employer B would not be willing to wait as late as option 6c.


Any help would be greatly appreciated.


Link to comment

any option is fine, as USCIS is not going to pick your case any time soon, it should not be a problem.

even by any chance they will ask you while stamping (highly unlikely), it is fine for future employer to file for a cap-exempt petition. that should not impact your current travel or stamping. 

Link to comment


This topic is now archived and is closed to further replies.