H4 to H1 (transfer to new employer) with travel to India


saurako

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Hi,

My H-1B from a previous employer is valid till Feb-2015, and I'm currently on H4 status (COS was approved in Feb-2014). I have a potential employer who's agreed to file for my H-1B to be transferred to them. We had just begun filling out the forms and getting the documentation in order, when I was informed of a medical emergency in my family which requires me to travel back to India asap.

 

Given this situation, I need to understand:

 

1. If I should tell my new employer to go ahead and file my H-1B transfer while I travel to India?

 

2. Should we wait till my return from India? In this case will I need to go for my H-4 to be stamped?

 

3. Are there any other options? 

 

4. What are the risks involved?

 

Thanks a ton for your replies in advance!

 

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Hi,

My H-1B from a previous employer is valid till Feb-2015, and I'm currently on H4 status (COS was approved in Feb-2014). I have a potential employer who's agreed to file for my H-1B to be transferred to them. We had just begun filling out the forms and getting the documentation in order, when I was informed of a medical emergency in my family which requires me to travel back to India asap.

 

Given this situation, I need to understand:

 

1. If I should tell my new employer to go ahead and file my H-1B transfer while I travel to India?

 

2. Should we wait till my return from India? In this case will I need to go for my H-4 to be stamped?

 

3. Are there any other options? 

 

4. What are the risks involved?

 

Thanks a ton for your replies in advance!

1. Yes.

2. If you would like to enter on H4 you need a valid H4 visa. If you would like to enter on H1B then you need a valid H1B visa and I797.

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