Traveling back to India, want to come back through new employer

[cyberlord]

Hi All,

 

I'm currently on H1-b and have around 5 years left on my H1. I'm relocating to India due to personal reasons for around 1-2 months. 

 

I want to quit my current employer and join a new company. H1-B has NOT been transferred by the new employer.

 

I wont be able to transfer my H1-B visa by the time I travel.

 

I will quit my current employer before I travel back. I'm not sure when they will revoke/cancel. 

 

My concerns :

 

1. Is it possible for the new employer to file for H1 transfer while I'm not in the United States ?

 

2.  Is it possible for the new employer to file for H1 transfer (or new H1-B under cap exempt) when the previous employer has not revoked the petition and while I'm not in the USA ?

 

What options do I have ?

 

 

Thanks in Advance!!

[jairichi]

1. Yes.

2. Yes.

 

New employer files a cap exempt H1B petition and on approval you can travel to US with a valid H1B visa, I797 and supporting documents.

[cyberlord]

Adding questions :

 

1/  Can H1-B transfer petition be filed while I'm not in the USA ?

2/  Can H1-B transfer(cap-exempt) petition be filed while I'm not in the USA ?

[jairichi]

Adding questions :

 

1/  Can H1-B transfer petition be filed while I'm not in the USA ?

2/  Can H1-B transfer(cap-exempt) petition be filed while I'm not in the USA ?

1. Yes.

2. Yes.