H1B Stamping while the transfer is in pending


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.

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.

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??

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.

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.

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??

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.

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.

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.

Thank you Saurabh.