H1B transfer from 1 employer to another, can I travel to India.

Hi Team,

I have been laid off from my parent company and my last day is Oct 15th 2016. My H1B effective date is Oct 1st 2016. I have to go to India in Nov. 19th as I have already booked my H1B stamping date with my present employer.

So here are my questions for the forum -

  1. Can I go to India and stamp H1B with my previous employer application but now I have to search for an employer and hopefully transfer the H1B application ?

  2. What is the best timeframe to apply for H1B transfer petition so that I can travel to India without any complications on Nov. 19th 2016 ?

  3. So technically how many days can I stay unemployed after Oct 15th 2016 before I am kicked out of the country ?



  1. Don’t appear for stamping through an employer who is no longer employing you. So better find a new employer and appear for stamping through them.

  2. You should apply for it ASAP, so that you can get the approval notice by Nov 19. You may have to apply in PP, to get faster result.

  3. There is no grace period. You start accumulating out of status once you are unemployed.

Thanks Saurabh for your valuable inputs.