India travel during H1B Transfer

[vkaushik79]

Hi Murthy Law Firm

 

Thanks for this platform to help so many Indians. Really appreciated.

 

My situation is a bit tricky, please help.

 

I came to US on H1B visa from employer AAA. My VISA is stamped with this employer. I left this employer in June 2013 and transferred my visa to employer BBB. In May-12, 2015 this employer terminated me. I got another offer from employer CCC on May-25, 2015. I am out-of-status till now and they are going to file LCA and H1B transfer in premium. My VISA stamp is expired but I got H1B extension approved in Feb-2014 with I-94 validity till 1/1/2016.

 

I have my sister's marriage coming and I need to go to India but staffing person told me not to go while H1B transfer is in process. Please advise me on below queries:

 

1. Will my H1B transfer petition gets cancelled as soon as I am out of USA? 

2. If No, Can I get H1B approved while I am out of country.

3. Can I travel once I get the receipt number and not waiting untill VISA is approved.

4. As my stamp is expired, I will have to go for stamping as well so can I do the stamping process from India?

 

Any help is appreciated.

 

Thanks

[jairichi]

1. No, it will still be processed.

2. Yes.

3. No. You need your H1B petition approved. With a valid H1B visa and I797 you can enter US.

4. Yes.

[victor_26]

Its not recommended that you travel while you application is pending with USCIS and you will need to wait until it is Adjudicated. Otherwise USCIS might think you have abandoned your H1B application.

[vkaushik79]

1. No, it will still be processed.

2. Yes.

3. No. You need your H1B petition approved. With a valid H1B visa and I797 you can enter US.

4. Yes.

So I guess if I travel to India after getting my receipt number, I should get my H1B approved without I-94. Then I will have to go for stamping in India before I can travel back. Is my understanding correct? 

Is there any negative impact of me going to India while my H1B tranfer in process?

I am planning that as soon as I get my receipt number, I will go to India and once H1B is approved, I will get the stamping done and fly back. Is there any risk in this?

 

Thanks Jai in advance for clarifying things. Appreciated. 

[jairichi]

Its not recommended that you travel while you application is pending with USCIS and you will need to wait until it is Adjudicated. Otherwise USCIS might think you have abandoned your H1B application.

OP is not filing a COS petition. It is a H1B petition that is cap exempt. Since OP will be outside US at the time of processing if H1B petition is approved it will be with an I797 without I94.

[jairichi]

So I guess if I travel to India after getting my receipt number, I should get my H1B approved without I-94. Then I will have to go for stamping in India before I can travel back. Is my understanding correct? 

Is there any negative impact of me going to India while my H1B tranfer in process?

I am planning that as soon as I get my receipt number, I will go to India and once H1B is approved, I will get the stamping done and fly back. Is there any risk in this?

 

Thanks Jai in advance for clarifying things. Appreciated. 

If you have a valid H1B visa there is no need for new stamping. Otherwise your understanding is correct. There is risk or negative impact in doing this.

[vkaushik79]

If you have a valid H1B visa there is no need for new stamping. Otherwise your understanding is correct. There is risk or negative impact in doing this.

Hi Jairichi,

Do you mean "there is risk or negative impact" or "there is no risk or negative impact".

Also since I am out-of-status right since May-12, will there be any change of status also for me with this H1B transfer?

[jairichi]

Hi Jairichi,

Do you mean "there is risk or negative impact" or "there is no risk or negative impact".

Also since I am out-of-status right since May-12, will there be any change of status also for me with this H1B transfer?

There is no risk or negative impact. You might get a RFE for latest pay stubs. If not provided your H1B petition will be approved without an I94. In that case you need to enter US with a valid H1B visa and I797 to be on H1B status.

[DaynKnight]

Dear Team,

 

I've a situation on similar lines and request your expert advice.

 

As today 1/14/16 - I've valid visa with employer A with validity of August 2016 and same is the date for my recent I94.

I've received an offer from employer B and received the "Receipt Notice" of H1B transfer (regular) on Nov 19 2015.

 

Question is - I'm still working with employer A and need to travel to India for 3 weeks in Feb. Would there be any complication at POE when a new I94 will be issued?

And - Will the new I94 number will affect by H1B transfer in progress?

 

Thank you in advance!

[jairichi]

Dear Team,

 

I've a situation on similar lines and request your expert advice.

 

As today 1/14/16 - I've valid visa with employer A with validity of August 2016 and same is the date for my recent I94.

I've received an offer from employer B and received the "Receipt Notice" of H1B transfer (regular) on Nov 19 2015.

 

Question is - I'm still working with employer A and need to travel to India for 3 weeks in Feb. Would there be any complication at POE when a new I94 will be issued?

And - Will the new I94 number will affect by H1B transfer in progress?

 

Thank you in advance!

No issue at all.

[Vijay97]

Hi,

I am in a similar situation.

Earlier my h1 pettion for another client of Employer-A was approved and I never got to travel for the client.

Employer-A filed my h1 amendment  for a different location and client in Feb, 2018 and I am working for that client. Now the project is getting closed and my employer wants me to come back to India by 1st week of July 2019.

Meanwhile, Employer-B is processing my transfer in premium and I might get the receipt before July 1st week. 

Have the following questions,

Employer-A wants me to come back to home country by July first week. Should I go and come back after the transfer petition gets approved? My Visa is valid till Aug, 2019

If I stay back and join Employer-B on receipt what happens if the transfer petition gets denied? Will Employer-B or any other Employer be still able to use my H1 to initiate a fresh petition from India? Ie will I remain cap exempt?

Or can I apply leave with Employer-A and remain unpaid in US till the transfer petition is either approved or denied? I might not get enough leave and if there is an RFE request I might not be able to provide pay stubs for this loss of pay days.

Or can I go back to India and ask Employer-B to file transfer when I am in India and join Employer-B after the petition gets approved and come back with new stamping.

Highly appreciate a quick answer as I am running out of time!!!

Thanks!

[Babu@aus]

I am in simiar situation as above. Can you please provide your expertise advice.