H1B Stamping while the transfer is in pending

USA H1B Visa
1

Hi

I am working for Company X and got offer from company Y. I am travelling to INDIA for vacation and would like to get my stamping done for first time with Company X. Without my knowledge now company Y started H1B transfer process. Is it OK for me to travel to INDIA now when the transfer is in progress?? I am planning to work atleast 2 weeks with my current company after my return! Please advise.

2

Yes, it should be ok. You can go for stamping through X and then return to US to work for X. Y’s petition would still be processed and can get approved. However, it will not come w/ an I-94 attached as you would have left US while transfer was pending. So that needs to be filed again.

3

Thank you for the clarification. But since it was applied in Premium processing and I might get the approved letter before I leave from here. What would be my best option??

4

I am in the same situation only difference is I am aware of this H1B tansfer. They are doing it with my approval only. I have also signed the offer letter and all for company Y. Would it still be safe to go to India, get stamp for company X and come back to work for company X for like 15 days or a month.

5

Both of you can work for old employer for sure after returning to US (even after H-1 transfer has been approved).

However the new employer’s petition will not have a valid I-94 (as it would either have been abandoned or not valid since you left US) and so you should check w/ new employer’s attorney if anything else needs to be done before starting to work for new employer.

6

Thank you Saurabh. One more question is if I have two approved 1-94’s from 2 different employers X and Y while travelling to INDIA and get H1B stamping only from X employer will I get any odd questions during VISA interview??

7

I don’t think so. Usually they would ask questions related to the employer X as you are going for stamping through them. Just to be clear, I-94s are submitted at the airport when you leave US. So you would have 2 approved petitions, but I-94s will be w/ the CBP/USCIS once you leave US.

8

Thank you. But I did not understand this part – So you would have 2 approved petitions, but I-94s will be w/ the CBP/USCIS once you leave US? Once again thank you very much for addressing my concerns.

9

You mentioned you have 2 approved I-94s. I clarified that you don’t have 2 approved I-94s, but 2 approved 797s. I-94s were submitted when you left US. Having 2 approved 797s is not an issue.

10

Thank you Saurabh.