H1B transfer

USA H1B Visa
1

Could someone please answer the following: Thank you very much for the help

> I am currently working for employer A where my project is ending on 02/20/2016. However I am about to get an offer from another employer B. I am expecting I may receive the offer letter before 02/20/2016. The new employer is ready to transfer my H1B visa to them and I am not sure when they will start filing the H1B transfer. Is it possible for them to process H1B transfer if I leave US on 02/20/2016? Are there any advantages of processing H1B transfer while I am US over the H1B processing while I am out of US?

>In case if they start my H1B transfer after 02/20/2016, can I stay back in US till whole VISA transfer is done or should I go India back and should re-enter US with the approved petition (not sure if I need to go for VISA stamping or not)?

> If I need to go back to India after 02/20/2016, can I re-enter US with the H1B transfer receipt notice alone. If I can enter with the receipt notice alone, do I need to carry any other documentation from client?

2

  1. It can be done even after leaving US. Advantage of doing it while you are in US is that it gives you H-1 portability option - you can join the new employer as soon as petition is received by USCIS. If you are outside of US, then you need to wait for actual approval notice before entering US to work for them. In addition, you may have to go for stamping again if current visa stamp has expired.

  2. You have to work for old employer until the petition is received by USCIS. Let’s say it reaches USCIS on 10 Mar, then you need to work for old employer until that day; and if they don’t want you in US then you have to leave US. If it reaches USCIS within a week of Feb 20, then you may still be able to stay back (gray area). It all depends when it is actually received by USCIS.

  3. No, you cannot. You need approval notice in hand.