Stay in USA with Valid H1B Visa

My employer is asking me to go back to India on 03/31. New Employer will be filing H1B transfer on 04/07.

Can I stay in USA from 04/01 till I get my H1B receipt number.

Need your suggestion.


This is a risky move as you will be out of status for 1 week. If USCIS asks for proof of status for this period, then they would approve B’s H-1 w/o I-94 attached. This in turn means you will have to leave US and return on B’s petition in order to work for them. If USCIS doesn’t ask about this 1 week, then you are all set. So it’s a gray area.

You should ask B’s attorney about this as they should be aware of your correct immigration status when filing your petition.

Thanks Saurabh,

Need to discuss with you in person , kindly provide you contact # or please share your email from to


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