H1B Visa Stamping and visit to India while an H1B under transfer in RFE


vivek Agarwal

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Hi,

 

I have some doubts before visiting India for stamping and seek help to know what I shall do ?

 

I am working for Company A since 2 years and got my H1B extension done in FEB till 2016 , but Visa is Expired.

I have applied for company B and the transfer process of H1b is under RFE it is now 2 months they have not yet replied to the RFE, still the USCIS status is "Acceptance"

 

I have not yet resigned from my Current Company A .I want to go to India in July for my Marraige and even get my extension Visa Stamped .

 

Will I get any issues if I travel to India within this time frame taking into consideration company B does not reply/ or replies to the RFE and me being still working for Company A till I return back from India ?

 

Will I be able to get my Visa Stamping done under the Current company A name. 

 

Please suggest what I should be doing ?

 

Thanks,
vivek

 

 

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Hi,

 

I have some doubts before visiting India for stamping and seek help to know what I shall do ?

 

I am working for Company A since 2 years and got my H1B extension done in FEB till 2016 , but Visa is Expired.

I have applied for company B and the transfer process of H1b is under RFE it is now 2 months they have not yet replied to the RFE, still the USCIS status is "Acceptance"

 

I have not yet resigned from my Current Company A .I want to go to India in July for my Marraige and even get my extension Visa Stamped .

 

Will I get any issues if I travel to India within this time frame taking into consideration company B does not reply/ or replies to the RFE and me being still working for Company A till I return back from India ?

 

Will I be able to get my Visa Stamping done under the Current company A name. 

 

Please suggest what I should be doing ?

 

Thanks,

vivek

As long as you are working for company A and have all valid documents for H1B visa stamping you can enter US with a valid H1B visa and extension approval notice to work for company A.

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I am not an expert but i think you cannot travel when you are transferring H1. When you are in US this transfer is called COS but when you fly out of country it is like a new H1. 

 

There are various forums which suggest you should avoid travel when H1 extension, transfers are in progress.

In OP's case he is still working with company A and he is going for H1B visa stamping with company A's documents. So, with a valid H1B visa and extension approval notice with company A and intention to join company A he can return without any issue. He is all OK to travel and return.

Only when he intends to join company B he cannot go for H1B stamping and return with existing documents (i.e. without I797 from company B).

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I am not an expert but i think you cannot travel when you are transferring H1. When you are in US this transfer is called COS but when you fly out of country it is like a new H1. 

 

There are various forums which suggest you should avoid travel when H1 extension, transfers are in progress.

You are partially correct, its advised not to travel when your ext or transfer is under process.

 

But H1 transfer is nothing but a new H1 but cap exempt, and this is not COS.

COS is like changing from H4 to H1 or F1 to H1 etc....

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