Work VisaDec 4, 2018
Samsungfreesam

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

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?

Akamai Technologies yelpp Dec 4, 2018

Thats not a technical question!

RingCentral Duck-Bezos Dec 4, 2018

Technical Answer: Yes

Samsung Freeman999 Dec 4, 2018

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?

ServiceNow Lskdnrnjs Dec 4, 2018

Technical question 😂

ServiceNow Lskdnrnjs Dec 4, 2018

H1b can be filed from anywhere.

Samsung Freeman999 Dec 5, 2018

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.

IBM Sadhguru Dec 5, 2018

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

Tesla Le Tigre Dec 5, 2018

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.

Samsung Freeman999 Dec 5, 2018

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.

Tesla Le Tigre Dec 5, 2018

That’s perfectly fine :)

VMware Nsxlife Dec 5, 2018

Yes