H1b Transfer after Leaving Country


My company had filed for my Change of Status application to H1 from F1 - OPT - EAD.

My application got selected in the lottery and also has been approved. (waiting for physical confirmation mail)

I have plans to go back and work in India. However, I would like to keep my options open for a potential H1 transfer later on.

I would like to know what is the best time for me to go back to India.

Is it safe to go back to India around October 21st?

If I go back and work in India, since I would be “cap - exempt”, I am assuming I would not have to go through the process of H1 lottery again. Am I right?

In case, in the future I would like to come back to the US, will just an H1 transfer suffice? Would the employers be willing to readily do it? What other documents would I need during that time?

If you work for even few days on H1B and get a pay stub for the same, it would be ideal for future. The reason is that you would have had H1B status at least once in US and easy for transfer and file a Cap Exempt petition in the future.

Yes, you may go around October 21st as you would have worked on H1B for 21 days. Yes, you would be cap exempt. Yes, you can come with H1B transfer. Your new H1B employer will ask your details, you can share your approval notice and pay stubs for your stay in US on H1B to indicate that you were on H1B status. Copy of I-94 on H1B would also help.

Thanks Kumar for your reply!

1 Like

I have one more doubt in addition to the above question.
If I leave on October 21st for India, would it be advisable for me to get my passport stamped immediately as soon as I go?
(In case I plan to come back within the next three years)
Is it even possible for me to get my passport stamped for H1 because I will resign from my employer when I leave on October 21st?

Yes, you can as long as your H1B job exists for you and you have valid documents for H1B. If the consulate verifies, there should be a role for you…
If you had H1B status at least once, meaning you worked in US on h1B, that’s good enough to be cap exempt in future, no need for H1b stamping.

If I resign on October 21st and return to India, I won’t have a job when I go for H1 B stamping. Would they stamp my H1 even if I have resigned from my job?

Well, then you should NOT attend. If they give a 221g or check with your employer, before issuing stamp, then you will get visa denial and it will considered fraud as you are knowingly going for stamping despite you not having job.

Thanks! That completely answered my question.
I had one more doubt though.
When you say that I could file a Cap Exempt in the future, is there any limit to this future?
Can I even file for a Cap Exempt after 10 years if I stayed back in India during that entire time?

Well, I am not sure, if it can be done for over 10 years…usually, it is 6 years. You can double check with an attorney.