H1B when I am in India


samuelsudhakark

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I will try to explain my situation here:

 

1. I lost my job on Sep 23rd. I am on H1B and it is valid upto Sept 2015.

2. I found a job on Oct 7th.

3. I would like to travel to India on Oct 8th to attend my brother's wedding.

4. Will my new company be able to apply for my H1B transfer at that point(I will be in India)? Or will that be a completely new H1B application? I know that if I am in the US, then there is no problem getting a transfer.

5. If they apply for a H1B (transfer or new application) what are all the complication that could occur? Do I need to go for a visa interview?

 

Please answer my questions.

 

Thanks.

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I will try to explain my situation here:

 

1. I lost my job on Sep 23rd. I am on H1B and it is valid upto Sept 2015.

2. I found a job on Oct 7th.

3. I would like to travel to India on Oct 8th to attend my brother's wedding.

4. Will my new company be able to apply for my H1B transfer at that point(I will be in India)? Or will that be a completely new H1B application? I know that if I am in the US, then there is no problem getting a transfer.

5. If they apply for a H1B (transfer or new application) what are all the complication that could occur? Do I need to go for a visa interview?

 

Please answer my questions.

 

Thanks.

If a new cap exempt H1B petition is not yet filed by your new employer you are out of status. Then why wait till Oct 8th to travel?

 

You can enter US with an unexpired H1B visa and new employer's I797.

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I am waiting until 8th to travel because, it is easier to take interviews when I am here in the United States. Is it not? Do you think it will be ok to take interviews from India as well?

You mentioned you have a job already on Oct 7th and so where does this interview come from? As I said if your new employer has not applied for a H1B transfer you are out of status for a week now and it is better to leave US.

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Thank you for all the answers up to now. I might repeat myself again but let me exactly explain my situation.

 

 

a. I lost my job suddenly on Sep 23rd. I am on H1B and it is valid upto Sept 2015.

b. I am still looking for a job which transfers my H1B.
c.. I have an important family event to attend in India in Oct 10th.(This was planned long time ago which cannot be avoided)
 
I have the following questions
 
1. Will there be any problem in making a trip to india for a week(till Oct 15th) with my old I-797 without transferring my H1B.? Will there be any issues in Port of entry in USA? Have you had/heard any such cases?
2. Hypothetically lets keep that, I managed to find a job before October 10th. Can the new employer file the H1B transfer even if I am not in the country?
3. If the answer to question '2' is 'Yes' then should I have to wait in India till the new I-797 is issued or can I come back immediately with my H1B transfer acknowledgement(receipt) filed by my new employer. Have you had/heard any such cases?
4. If the answer to question '2' is No, then what other options I have ?
 
 

Please answer my questions.

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Thank you for all the answers up to now. I might repeat myself again but let me exactly explain my situation.

 

 

a. I lost my job suddenly on Sep 23rd. I am on H1B and it is valid upto Sept 2015.

b. I am still looking for a job which transfers my H1B.
c.. I have an important family event to attend in India in Oct 10th.(This was planned long time ago which cannot be avoided)
 
I have the following questions
 
1. Will there be any problem in making a trip to india for a week(till Oct 15th) with my old I-797 without transferring my H1B.? Will there be any issues in Port of entry in USA? Have you had/heard any such cases?
2. Hypothetically lets keep that, I managed to find a job before October 10th. Can the new employer file the H1B transfer even if I am not in the country?
3. If the answer to question '2' is 'Yes' then should I have to wait in India till the new I-797 is issued or can I come back immediately with my H1B transfer acknowledgement(receipt) filed by my new employer. Have you had/heard any such cases?
4. If the answer to question '2' is No, then what other options I have ?
 
 

Please answer my questions.

If you lost your job on Sep 23rd and no employer has filed for a cap exempt H1B petition you are out of status. If your I94 has expired you are accumulating illegal presence in US.

 

1. You can not enter US after travel to India with your old I797. If you are caught at POE this will lead to deportation and probably life long ban to enter US.

2. Yes.

3. No, you need to get your petition approved

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