H1 Transfer from outside USA(India)

[vishalbnd]

Hi,

I work for company A and H1 expired in March 2012 And my extension was approved till March 2015.

I got selected in company B in April they asked me to join in 3 weeks.

Due to some family emergency I had to go to India for 1 month.

I am in INDIA right now and my H1 extension was stamped yesterday for company A.

My question Is:-

Can I ask company B to INITIATE H1 TRANSFER while I am in India (I don't have I-94)?

I am leaving to US in 2 weeks.

Please help.

Thanks

Vishal

[wiweq]

"Can I ask company B to INITIATE H1 TRANSFER while I am in India (I don't have I-94)?

I am leaving to US in 2 weeks."

=> Yes, your employer can file your H1b if you are outside of USA. Most probably, it will approve with no I94 as you were not present in USA while filing the H1b. In this case your H1b extension will be denied and I797 will be with no I94. But no worries, if H1b approved when you are in India you can use your new I797 at POE and can get new I94 corresponding to your new employer. More questions/ doubts? Let us know.