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
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.
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.
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.
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.
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.
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
Asking strangers on a free forum is not the best path forward.
It’s complicated. You are officially cheating on uscis by getting married😬.
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 can’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.
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
It’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 it’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.
👏🏻 consult 👏🏻 an 👏🏻 attorney 👏🏻