Hi TeamBlind, My H1B petition just got approved, I got the notification and the case status updated. I would like to take some time off and travel back to my home country. (Not major state if relevant) I am currently on first year STEM OPT. The problem however, is I have accepted an offer with another company, and that company will begin working on H1 Transfer. My question is: What should or can I do now? Am I in the clear to book a flight, or should I wait until I get the H1 Transfer approval too? What does the timeline look like now, is my H1B technically approved, and can the H1 transfer process begin? Do I need to worry about travelling while H1 transfer is pending? Also, do I need to keep my current job in order for the approved H1B to stay valid?
Which country are you from?
Congratulations on the job. What company did you get an offer from?
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I mentioned not major state, but yeah no not India.
Do not travel when your transfer petition is pending. Also, it is advisable to have 2-4 payslips handy. So, travel when before resigning or after joining and getting 2 paychecks from the new company
If you exit with new i797, you will have to get your visa stamped before you reenter the USA
Not necessary if the visa is still valid. You show the I797 + visa in that case. Source: I did it.
Wrong.
I think you are smart enough to know this but please make sure to consult an Immigration lawyer. While blind can be helpful but should not be the authoritative source of truth in such matters.
How long did h1b process take?
As you are currently on OPT (F1 visa), you will need an H1B visa for travel when you enter into the USA as your current status has changed to H1b. You should not travel unless your H1B is transferred because if you leave your current company then your 60-day ticker will start. And no one should travel during this ticker. Remember your status has changed to H1B and its not F1 status anymore
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Wondering if I am able to travel back home AFTER I resign from my current employer but BEFORE I join the new company.
As long as you have a valid H1B visa (no matter from which company) and original I797 of your new job when you return, youโll be fine.
Does the validity of H1B visa depend on or tied to employment?