H1B transfer while in India


I am working for employer A, I will be moving to employer B (H1 B visa premium transfer is in progress). I have valid H1B visa (Employer A) stamped in my passport, valid till Sept, 2016. I have never entered to USA.

My Questions:

  1. I have got RFE for H1B transfer to employer B. Can I put resignation in my current employer A now and can travel to USA now? I have receipt notice of H1B transfer.

  2. Is it safe to join the company B before they get the transfer approval from USCIS for my petition? If it is rejected what will happen? Should I wait for RFE gets approved.

  3. Do I need to get my VISA stamped again after my H1B transfer?

I am not aware of the recent USCIS rule changes. Please share your thoughts.

  1. If you plan to enter US and work for B, then you need to have B’s approval notice. So don’t plan to come to US until B’s petition gets approved.

  2. You can join B outside US, but you cannot join them in US until your transfer is approved.

  3. New visa stamping is not required as long as the previous visa stamp has not expired or not canceled.

Thanks Saurabh,

How likely is my RFE got approved? Is there any chance of rejection in such case? If this is positive then I can plan of resignation in current Employer A.

Chances of approval is subjective and depends upon the circumstances around your case. Yes, any petition can be denied after processing.

I would stay w/ A until B’s petition is approved. It is better to have a bird in hand than 2 in bush.