H1B transfer petition while out of the country (with ext stamping)

Amazon / Eng WeWorked!
Oct 16 9 Comments

I need to travel out of the US and need to do visa extension stamping for Amazon. I have another offer and planning to move later in December once I'm back. Can I have transfer petition while I'm out of the country or is that a no-no.

I'm waiting for the new employer's lawyers to get in touch to ask this question but don't expect that to be anytime soon and I need to plan my vacation and travel bookings.

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TOP 9 Comments
  • Amazon zawabch
    when you are out of the country, what you have to go through is called consular processing. your lawyer should be able to help you. visa stamped for old company is still valid as long as you have a valid 797 from new/current situation employer
    Oct 16 2
    • Amazon / Eng WeWorked!
      OP
      Thanks for explanation, for my clarity. Would approval for my future employer's petition be consular processing too if I'm outside during petition?
      I'm thinking of taking vacation in December while still employed by Amazon, Google might file petition sometime during that time. I have to do extension for Amazon this time, do that, comeback to Amazon and then resign to move to new employer.

      Waiting to get in touch with Google lawyers but it's slooooow
      Oct 16
    • Amazon zawabch
      so, then technically come back with Amazon stamp. ask Google to delay the petition. it doesn't matter as long as you have the receipt, you can start working.. if it's premium processing, you'll anyways get it approved in 2 weeks.

      and you don't have to get the visa stamped for 3 years since your last stamp (Amzn) and current 797 are valid to enter the country

      if the day your petition is filed, you are out of the country, then you need consular processing.. which is just a check mark on your petition.
      Oct 16
  • Apple ablc
    Check with your lawyer but from what I know you cannot travel during your transfer process. If you do, you probably need the new I 797 before entering.
    Oct 16 2
    • Amazon / Eng WeWorked!
      OP
      Thanks. Btw I would still be employed by Amazon and would be resigning only once I'm back.
      I want to ask lawyers, but Google's process is slow, waiting for their contact.
      Oct 16
    • Apple ablc
      Yes thats fine. I did the same but I got my transfer approved and new I 797 before traveling. After coming back I resigned at my old job.
      Oct 16
  • This comment was deleted by original commenter.

    • Amazon / Eng WeWorked!
      OP
      I see. Do you know how long it normally takes for transfer petition under premium?
      Oct 16
  • Intel / Eng
    Unicron22

    Intel Eng

    PRE
    Charles River Development
    Unicron22more
    I am in the same boat. I was told to return to US first before starting the transfer process. So either get it done before or do it after your travel. You should be in US when that happens
    Oct 16 0
  • Indeed / Eng uPrj01
    I actually have the exact same question
    Oct 16 0

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