I recently got my H1B Approval but I have not gone to the US embassy to get my stamp. I am planning to do so in January as I have planned a trip back to my home country.
Right now, I am in the middle of another job interview and so my question is, if I get the job offer, and they send in a petition for H1B Transfer, while the process is still pending, can I still leave the country and get my H1B stamp?
Please help!
Thank you!
Yes, you can as long as it was not filed as Change of Status. If it was filed as COS, then it gets abandoned. In your case, it is not COS as you are already on H1B, so should be fine.
In general, they suggest to avoid travel, when application is pending with USCIS to avoid any issues…if you can ask the new company to file in premium, get it approved before your travel, it should be ideal…
Thank you for the response Kumar.
So to be clear, while my transfer is pending, can I still get a stamping? Cause I just change status this Oct and have not gotten my stamp.
Also, how reliable is premium processing?
Premium processing is quick - 15 days
You may, but the trick is COS will be abandoned, if you leave the country. They can file it as consular processing to avoid such issues. Talk to your attorney at the new company that you plan to join.