H1B Transfer initiation before or after reaching India

[student123]

Greetings to all!

I need some expert advice regarding my travel on an on-going H1B transfer initiation. I have gone through several forums but found mixed opinions. Experts please help!

I am currently working for a desi consultancy as a Programmer Analyst and got a decent offer from a fortune company on 20th July 2012. But today I learnt about certain emergency that I have to attend India as soon as possible.

Facts:

1) Last year my employer filed for H1B extension and obtained extension until Auust 2014.

2) Have no valid stamping on the passport, need to attend for VISA interview at Hyderabad, India.

3) On 20th July 2012 I got a job offer from an MNC as a Senior Associate and they asked me to submit required documentation for initiating H1B transfer.

4) I have to visit India for 2 weeks for some personal family issues that I have to take care.

5) At worst I can hold myself not to visit India until 31st August 2012.

6) Meanwhile I am confused/ hesitant to tell my prospective employer about my travel plans; as I am worried that he might back-off from the offer letter.

7) NOTE: The prospective employer is going to file my H1B transfer in Premium Processing.

Questions:

1) Should I inform my prospective employer about my travel to India?

2) Is it advisable to inform him about my travel plans once the company initiates the H1B transfer?

3) Is it okay to travel on a pending H1B Transfer? Does this cause any issue to the process?

4) Also what are my odds that my prospective employer files a H1B transfer once I reach India?

5) Which option is positive for my case?

6) Do I need to attend a VISA interview in india based upon my current employer or based upon prospective employer?

7) In case I have to attend interview based upon the prospective employer, what are my odds as I wont be having any paystubs from him?

Please answer my queries as there are only 9 days left for my travel!

[student123]

Anybody please reply!

Thank you.

[pontevecchio]

This is the great cultural divide. Talk to your supervisor in the new company and tell him the problem you have.

1. Yes

2. Now

3. No. You just come back with your H1 visa and the latest approval.

4. I suspect none if you do not discuss the issue with them NOW.

5. Be honest and up front. That will get you brownie points. If you lose this job because you were hopnest it means nothing. You will get better jobs in the future.

6. You need the visa based on the company you are coming to the USA to join.

7. If you have paystubs from an Employer you have never worked for you will get a Ban for life.

[student123]

Hi Pontevecchio, thank you for the responses they are very helpful!

My 7th Question is if I travel to India on a pending H1B Transfer which if it gets approved while I am in India, then I will be appearing for the H1B VISA interview based upon my new employer; and upon approval I shall be working for the new employer in USA. But will the VISA officer ask me for any pay stubs from my new employer as I will not have until I start working for him in USA. So is that a constraint to appear for a VISA interview based upon the new employer's H1B petition?

Please correct me if I am wrong and what should I be doing?

Thank you once again!

This is the great cultural divide. Talk to your supervisor in the new company and tell him the problem you have.

1. Yes

2. Now

3. No. You just come back with your H1 visa and the latest approval.

4. I suspect none if you do not discuss the issue with them NOW.

5. Be honest and up front. That will get you brownie points. If you lose this job because you were hopnest it means nothing. You will get better jobs in the future.

6. You need the visa based on the company you are coming to the USA to join.

7. If you have paystubs from an Employer you have never worked for you will get a Ban for life.

[pontevecchio]

see 7. above. They may need to see the stubs from the previous job .