H1B Transfer and Visa stamping

[karthik03]

 I have H1B with my current Employer(working on client location) and I have cracked the Interview with other company(client) for full time. Due to some Health conditions, i am planning to go Home country this week. i have to get the Visa stamping done in my country. 

 

Could anyone please advice  what is best to do with visa stamping.

1)do i need to have stamping done with my current employer ?

2)A new company might start the H1B transfer in a week or 2.  do i need to wait for H1B transfer is approved and go for stamping with new employer?

3) if i have the visa approved with my current employer, is it okay to have H1B transfer getting approved while i am in my country.

4)can i have the H1B transfer processing done while i am in my country or do i need to make my new employer wait to start the H1B transfer processing till i come back.

 

 

Appreciate your reply. 

 

Thanks.

[jairichi]

1. If your current H1B visa is valid there is no need for new visa stamping due to change in employer.

2. Refer 1.

3. Yes.

4. Anytime.

[karthik03]

Thanks Jairichi for your reply. 

 

1) is it okay to travel(from mycountry to usa and viceversa) while my H1B transfer is processing? 

2) is it something we shouldn't start the H1B transfer process before Visa stamping with current employer? Assuming they might see both employer details during visa interview, please let me know on this.

3) Will there be any problem at port of entry if i have the Visa stamping with my current employer and H1B transfer approved with new employer.

4) After coming back, i can only work with new employer right? as my H1B transfer is approved.

 

Sorry for asking These many questions.

 

 

Appreciate your reply. 

 

Thanks.

[jairichi]

1. Yes, as longer your H1B visa and I797 is valid and you are working with current employer. Travel does not affect your transfer process.

2. No, you are fine.

3. No.

4. If you would like to stay with current employer then you can do so as long as current employer does not revoke H1B petition you can show that I797 at POE and work for current employer.

[pontevecchio]

1. Yes

2. No

3. Not because of a change in employer

4. Not true. A "transfer" merely means another company has filed and got a H1 petition approved in addition to earlier approvals.

 

You need to run the scenario by the new employer and ask them what they prefer you to do. Maybe ask for PP and then take a short break in India after approval.?