Getting H1-B petition approved at the end of grace period while in Canada

[True Indian]

I was laid off in October and I have 20 days remaining in the H1-B grace period. I have an approved I-140 and a Canadian PR. I also have the visa stamped on my passport for the I-797A from my previous company. A new employer gave me an offer. But said there is not enough time to do H1-B transfer before my grace period ends and I will have to leave the country. Want to know if I move to Canada before the grace period ends what is the procedure for H1-B transfer? They are willing to do premium processing for me. Will it be similar to the H1-B transfer while I am in the U.S. ? How long does it take ? Do I need to go to a U.S. consulate in Canada for stamping or showing the copy of I-797A from the new employer at the border enough to come back  to the U.S. ?

[Attorney_22]

On 12/1/2023 at 4:09 PM, True Indian said:

I was laid off in October and I have 20 days remaining in the H1-B grace period. I have an approved I-140 and a Canadian PR. I also have the visa stamped on my passport for the I-797A from my previous company. A new employer gave me an offer. But said there is not enough time to do H1-B transfer before my grace period ends and I will have to leave the country. Want to know if I move to Canada before the grace period ends what is the procedure for H1-B transfer? They are willing to do premium processing for me. Will it be similar to the H1-B transfer while I am in the U.S. ? How long does it take ? Do I need to go to a U.S. consulate in Canada for stamping or showing the copy of I-797A from the new employer at the border enough to come back  to the U.S. ?

Your new employer will file an H1B petition for you, but if you are not in the U.S. it will be for consular processing. Once approved, you can use a valid H1B visa in your passport to re-enter the U.S. even though it was originally issued on the basis of a different petition. You will need to have evidence of the new H1B petition approval with you when entering.