Travel to India after H1B transfer before joining the new employer

USA H1B Visa
1

Hi,

I am currently working on H1B for employer A (current H1B is stamped). I have found a new job and employer B will be filing for H1B transfer. I wanted to visit India after H1B transfer is complete but before starting to work for employer B in order to take a break between jobs. I have few questions regarding this situation:

  1. How long does H1B transfer take? What is a good time to resign from my current company?2. Ideally, should I be travelling to India after H1B transfer is complete or can I travel while the petition is pending?3. Am I allowed to re-enter US if I have not started working for employer B before I left USA? 4. Would I be able to stamp new H1B visa in India if I have not started working with employer B?5. Would I have to submit documents for stamping or do I have to schedule an interview appointment in India?

Thanks,Sharvari

2

  1. Could take several months, say 4-6. PP option is also available. If you are confident about the transfer, you can resign soon after the petition is received by USCIS. If not, you can wait until the actual approval notice.

  2. If you leave while transfer is pending, then new petition will be approved w/ consular processing and not an I-94 attached. So you will have to wait outside US to get the new approval notice and then enter US using the new approved petition. If you enter using old petition, then you would be able to work for old employer and not the new one.

  3. You can as long as you valid job with an employer and an approved petition with them.

  4. Same as (3)

  5. When is your visa stamp expiring?

If the travel cannot be delayed, then its better to go w/ premium processing.

3

Thank you Saurabh for answering my questions. I have few follow up questions:

  1. I forgot to mention before that employer B is going to file for H1B in PP. Typically in PP, how long does H1B take to be approved?
  2. I didn’t understand point 2 properly. What does it mean by “I will have to wait outside US to get the new approval notice and then enter US using the new approved petition”. What happens if my H1B gets approved while I am in India? Most probably I would schedule my travel to India after H1B is approved to be on safe side. Since they are filing in PP, I am guessing it shouldn’t take more than 3-4 weeks.
  3. Visa stamp (with employer A) is expiring July 31, 2017.

Please point out if I am missing on something here. To summarize, it should be OK if I travel to India after H1B with employer B is approved but I haven’t started working with employer B i.e. “I am on payroll of neither employer A nor employer B” and I will be able to safely enter US back and then start working for employer B. I should be able to get my H1B visa stamp for new employer (hopefully by just submitting the documents without any interview).

–
Sharvari

4
  1. It would be done within 15 calendar days unless RFE is issued.
  2. The point I was making is that you need to have the approval notice in hand by the time you return to US. You can receive this before you even leave US, or if you have to leave US early then you will have to wait outside US until you get the approval notice.
  3. You can use B’s approval notice and A’s visa stamp to return to US. No need to get another visa stamped. When returning to US ensure to tell the PoE officer that you work for B now.
5
  1. Wow! 15 days - that’s quick! I guess its 15 days after you get the receipt.
  2. Does that mean that someone (family member) in US can get the approval notice for me and bring it to India (since they would be travelling few days after me) so that I have it when I re-enter US?
  3. I might get the visa stamp if I get the dates because I would anyways have to do it at some point of time in future.

Thanks for clarifying my questions.

–
Sharvari

6
  1. Yes, they can bring it w/ themselves or FedEx to you in India
  2. You will be eligible for dropbox as your current visa stamp has not expired. So you don’t need to depend upon the availability of dates.
7

That’s good news. Thanks Saurabh for helping me with my questions!

8

Thanks Saurabh for your responses.

Hi sharvari…I am having similar situation can you let me know your experience and what did you end up with. It will be really helpful

9

Is it not necessary to have at least 3 months’ payslips for either going for visa stamping or for entering the US with the new employer’s petition?