H1B Transfer While Outside the US

[bluemoonromance]

Hello,

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.

 

[rohang]

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.