Travel while H1 transfer is in progress

Tesla
owyvwj

Tesla

PRE
Amazon
BIO
Software Engineer
owyvwjmore
Sep 13 8 Comments

H1 will kickoff on October 1.

Have an offer. Planning to initiate H1 transfer in mid october, then join in mid November (assuming no rfe and premium processing)

Can I travel between mid october and November and get stamp from old company ?

comments

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TOP 8 Comments
  • Avoid doing so. During the stamping process, it would create unnecessary complications with an additional petition pending or approved for you
    Sep 13 1
    • Intuit / IT
      Oracle85

      Intuit IT

      PRE
      Nike, SDLC Partners, L.P., Kforce
      Oracle85more
      Exactly that’s what my lawyer said.
      Sep 13
  • Intuit / IT
    Oracle85

    Intuit IT

    PRE
    Nike, SDLC Partners, L.P., Kforce
    Oracle85more
    I asked the same question a couple of weeks back. My lawyer suggested not to do that. So not initiating the transfer now. Will do so after coming back to US.
    Sep 13 4
    • Tesla
      owyvwj

      Tesla

      PRE
      Amazon
      BIO
      Software Engineer
      owyvwjmore
      OP
      Okay....was the new employer cool with this ?
      Sep 13
    • Tesla
      owyvwj

      Tesla

      PRE
      Amazon
      BIO
      Software Engineer
      owyvwjmore
      OP
      Also, is it possible to transfer prior to stamping ?
      Sep 13
    • Intuit / IT
      Oracle85

      Intuit IT

      PRE
      Nike, SDLC Partners, L.P., Kforce
      Oracle85more
      Yeah, they were cool with that. They will initiate the process after I am back.
      Sep 13
    • Intuit / IT
      Oracle85

      Intuit IT

      PRE
      Nike, SDLC Partners, L.P., Kforce
      Oracle85more
      You can go outside and get stamped with the new company. I didn’t want to do that, as that way I won’t have any paycheck from the new company. And also didn’t want to go for a vacation just after joining.
      Sep 13
  • Cerner / Eng
    StyaPichai

    Cerner Eng

    BIO
    Arunachala.
    StyaPichaimore
    I think you can. H1B transfer is a fancy name. There is nothing called as a transfer. Your new employer will file a new H1B petition on your behalf. Even if it is approved or rejected or if you are requested for more evidence while you are on travel, it doesn't and shouldn't affect your current H1B. You can choose to stay at your current employer as well without any issues. So, you should be good with your stamping and just don't mention about your new employer during your visa interview.

    This is just based on my study and research. Ask a lawyer if you want to be sure. And do this only if your travel is an emergency. Without knowing how USCIS behaves at a certain point of time, if you receive an admin processing (221G), there might be a chance where USCIS gets to know about your new petition (which doesn't make any sense but you never know). So, why do you want to invite unnecessary complications?

    However, if it is an emergency, i think it shouldn't cause any issue but be prepared for the worst. The worst thing that can happen if USCIS knows, they will ask you for H1B documentation with new employer and will approve you visa for the new employer but you have to wait until you get your approval to get the documents.
    Sep 13 0