Work VISA

can someone on H1B visa travel abroad before H1B transfer is filed

Samsung freesam
7d

I have a technical question.
One person is on H1B visa and he wants to travel abroad and the new employer files the H1B transfer application after he leaves the United States. Is this doable?

I heard that H1B transfer application can be filed only when that person is present in the United States. After filing the H1B transfer, one person can leave the country for vacation. Is that true?

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  • Akamai Technologies yelpp
    Thats not a technical question!
    7d0
  • Tesla / QA
    Le Tigre

    TeslaQA

    PRE
    Apple
    Le Tigremore
    Yes and no, yes you can file anywhere, they just select consular notification for the country you will be in, not a big problem at all. If you have left your current employer (i.e. you have gone on holidays between to jobs), you cannot legally re-enter, as you no longer work for that company and you are out of status. You could lie to them, but chances are you will be flagged as pending transfer. If you were still states side you could work on H1B transfer receipt, but alas if you have left, you can’t legally come back in till you have your new paperwork in hand.
    6d2
    • Samsung Freeman999
      What if I didn’t quit my job and let the new employer file the H1B transfer and I quit the job after I come back. Does this work? Thank you for your detailed explanation.
      6d
    • Tesla / QA
      Le Tigre

      TeslaQA

      PRE
      Apple
      Le Tigremore
      That’s perfectly fine :)
      6d
  • ServiceNow Lskdnrnjs
    H1b can be filed from anywhere.
    7d1
    • Samsung Freeman999
      I mean H1B Transfer instead of H1B initial application. Are you sure about this? Because my friend told me his attorney suggested that he stayed in the United States before the H1B transfer materials were mailed out.
      7d
  • RingCentral / Eng
    Duck-Bezos

    RingCentralEng

    PRE
    Yahoo, Oath
    BIO
    One life to live!
    Duck-Bezosmore
    Technical Answer: Yes
    7d1
    • Samsung Freeman999
      Is your yes to my question “is it true?” In that case, do you mean that we cannot file h1B transfer when we are out of the United States?
      7d
  • VMware Nsxlife
    Yes
    6d0
  • You need a valid H-1B visa stamp to enter back. If you got that a valid I-797 from previous job, it is all fine
    6d0
  • ServiceNow Lskdnrnjs
    Technical question 😂
    7d0

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