H1B transfer process in detail

Microsoft AlMonyGone
Aug 21 15 Comments

can anyone please explain how does h1b transfer works?

I have outlined the steps I know of. please complete them.

1. I work at company A have i797 and visa stamp from company A.
2. I interview and get selected and decide to join company B.
3. company B initiates my h1b transfer process.
4... what happens next till my first day at company B?

I also want to go to India for a month or two after I quit company A and before I join company B. I wont be in payroll of either company. how do I do that and how do I enter US back without a job in hand?

Also I will get married in these two months. my to be wife would have to apply for h4 visa stamp. does she use my company A i797 or new i797 from company B? how do I get new i797 from company B if I am in India?

TC: 240k

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TOP 15 Comments
  • Rackspace jimhalbert
    ๐Ÿ‘๐Ÿป consult ๐Ÿ‘๐Ÿป an ๐Ÿ‘๐Ÿป attorney ๐Ÿ‘๐Ÿป
    Aug 21 0
  • BYTON cJKu57
    Ok. I'll give u the simple one first.

    No rfe

    Company b applies for h1. U go to India. They get approved 797 u can come back no stamping needed just old valid visa on passport and new 797
    Ur new wife still needs to get stamped so u might as well get stamped for ur self.

    Rfe:
    U will have to stay in India till rfe gets resolved. Then same as above.

    Rejection
    If company b has office in India u start working there.
    If u went to India without quitting company a (PTO or unpaied to) u can come back. No stamping needed.

    Bottom line. Best thing to do is start h1 with B. go to India on PTO or U(n)PTO. Without quitting A. Get the wife stamped. Come back. Quit A. Join B.

    Kapich?

    Also talk to an attorney.
    If u need one in Bay area. DM me.
    Aug 21 4
    • Microsoft AlMonyGone
      OP
      Thanks. Not sure if I can take unpaid time off from company A. If not possible will request company B for unpaid time off and join later.
      Aug 21
    • BYTON cJKu57
      Why can't u take paid /unpaid time at A?

      Tell them u wanna go get married in India. I am sure they will understand. Especially a big company like Ms
      Aug 21
    • Microsoft AlMonyGone
      OP
      Because I have already taken a lot of holidays and its kind of sad that I take time off and then come back and quit. Will definitely talk about it and see.
      Aug 21
    • BYTON cJKu57
      It's sad and not the best thing to do. But u have to look out for yourself first.

      H1 rules are screwed. So u gotta be smart with it to not get screwed. Most managers and colleagues understand this.
      Aug 21
  • Medallia qwertyca
    Itโ€™s complicated. You are officially cheating on uscis by getting married๐Ÿ˜ฌ.
    Aug 21 0
  • VMware Tmnt!
    You will be out of status if you leave without being on the payroll of any company. You should ask company A or B to give you time off to go to India.
    Aug 21 3
    • BYTON cJKu57
      Out of status only applies to if u r in USA. Wtf is out of status if u aren't in USA.
      That term doesn't even apply to a person not in USA.

      Out of status means living in USA without legal status.
      Aug 21
    • VMware Tmnt!
      Out of status applies to the visa and not where you are geographically.

      By definition "out-of-status" means that the person has lost their immigration status due to some sort of violation of the visa terms"

      Which means you have to be employed, if you quit without joining another company you are out of status.

      Please check your facts before ranting off.
      Aug 22
    • BYTON cJKu57
      "When an individual is out-of-status, that means they have overstayed their authorized stay in the United States, and therefore, have no immigration status at that time. โ€œout-of-statusโ€ means that the person has lost their immigration status due to some sort of violation of the visa terms."

      Once u leave USA u ain't violating terms of your visa.
      Aug 22
  • Medallia qwertyca
    Jokes apart talk to attorney. I would recommend getting the transfer approved before you quit company A.

    Next is reenter with visa stamping for company B. You canโ€™t enter on company A visa if you leave company A and go to India for 2 months. You would need to get visa stamp with company B i797.

    For sure situation get your visa stamp for company B then initiate h4 process. Better to work with 797 / visa with company B. Usually people would come to USA either wife on visitor or wife joins once h4 is done whichever works for you.
    Aug 21 2
    • Microsoft AlMonyGone
      OP
      I already have company a visa stamp which will expire only in 2022. Do I still need company b stamp if i stay out of india for 2 months after quitting company a?
      Will also go to attorney but first want to get as much knowledge as possible so when I am with attorney i understand what he says
      Aug 21
    • Medallia qwertyca
      Itโ€™s tricky. Usually if you have a valid stamp you can reactivate with new i797 company B. But your i94 validity would still be your stamp validity date.

      It also depends on transfer application if itโ€™s simple COE or consular application.
      It might also depend on if you were in USA at the time of coe application or not.

      Hence talk to lawyer with all the timelines laid out clearly.
      Aug 22
  • Workday / Product tdf
    Asking strangers on a free forum is not the best path forward.
    Aug 21 0