URGENT HELP! H1B Transfer Travelling to India soon

My H1b Tranfer is in progress but i am still working with old employer, new transfer request got RFE and they are working on it and i have to travel to india next week.

  1. what will be the complications if i travel to india while i am on H1B transfer

  2. if new H1B transfer got approved while i am in india do i need to go for consulate interview again or can i use drop box for new visa stamping?

  3. if my H1B transfer is denied can i come back using my old petition? ( valid till June 2016) if so any other documents other than petition i need?

  4. lets say my new H1B transfer if still in RFE still can i use old petition to come back to us?

Please share your experience on the above.

P.S: i cannot postpone/cancel my travel.

Check this thread http://h1bsupport.com/7116/dropbox-stamping-after-extension-of-stay-denied

  1. Your H-1 transfer will continue to be processed, but it will be issued w/o I-94 attached. In other words if you want to work for this new employer, then you would have to enter US using their petition

  2. Visa stamping is not mandatory if the old visa stamp is valid. When is old visa stamp expiring?

  3. You can return on old petition to work for old employer. At PoE, you would need petition, employment verification letter, recent payslips and contact information of your employer/manager

  4. Yes, you can. Like I mentioned in (1), you will not be able to join new employer on petition approval in this case as it will be issued w/o I-94. You will have to leave US and re-enter on new employer’s petition.

New employer has asked me to go and come back in old petition, and they will give RFE details once I am back. Hope the CBP won’t raise any issues when they see 2 petition in system.

Thanks saurab! I am little worried now to come in old petition but I guess that’s the option now.

You can return using old petition as long as your old employer likes to continue to the employment.