H1B Transfer and travel to Home Country

[visaimmig]

Hi All

I have been working for Company A on H1B and recently got my H1B stamped at Canada. As soon as I came back I got an offer from Company B for which I have applied an yr ago and now they are interested to transfer my H1B. But the problem is I really would like to visit India in the mean time as I have not gone since 5years now , can you please suggest if I can leave the country while my H1B is being transferred? or while it is getting transferred, can I come back with the same H1B stamp I had with my previous employer? am sure my old H1B will not be revoked until I return. Really confused, please suggest.

Thanks

[livliv]

Petition can be filed anytime. But to avoid all confusion, you should plan in such a way that you return after new employer's petition is approved. You can use the same existing Visa if it is valid on the day of return.

[wiweq]

"can you please suggest if I can leave the country while my H1B is being transferred? or while it is getting transferred,"

=> In my view, H1b transfer needs you currently in H1b status. You must be aware that if you not present in USA, you are not in any status. H1b to H1b transfer is H1b extension. If USCIS couldn’t find you in H1b status; they may approve your H1b but not the extension. This may result your I797 with no I94. Best bet, either get the approval before leaving or after coming back.

[visaimmig]

Thank you for your responses really helpful.