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  • Going out of USA between H-1 B transfer and job start date

    Hi all,

    Please help me !!!

    I have valid H-1 B visa on my present employer upto Sep-2010. I applied for H-1 B transfer for a new employer recently. (Premium Processing)

    If I get my approval papers for my new employer H-1B by 15 March'08, and if my job start date for my new employer is 15 April '08, can I go to India in the mean time for say 25 days??? If so, what all documents do I need to present???
    Do I need to go for visa stamoing again for new employer..?

    Thank you,

    Ravi.

  • #2
    Hi all,

    Please help me !!!

    I have valid H-1 B visa on my present employer upto Sep-2010. I applied for H-1 B transfer for a new employer recently. (Premium Processing)

    If I get my approval papers for my new employer H-1B by 15 March'08, and if my job start date for my new employer is 15 April '08, can I go to India in the mean time for say 25 days??? If so, what all documents do I need to present???
    Do I need to go for visa stamoing again for new employer..?

    Thank you,

    Ravi.

    Comment


    • #3
      Who do you think asked the same question in this thread: http://discuss.ilw.com/eve/forums/a/tpc/f/902603441/m/4...10162441#39810162441 with the same signature as Ravi. Hmm, coincidence?

      Comment


      • #4
        Yes, it might be a coincidence.

        My case in detail is......I opted for a premium processing. So, I may get approval papers in say 15 days. But I am planning to postpone my start date in the company B. Can I leave the country after I get the papers and before I start working in the company B..??? I have a valid H1 B visa on the name of company A until 2010.

        Thank you for your help....

        Ravi.

        Comment


        • #5
          You can leave US only after you received the H1B approval for Company B. Based on last action rule, if you leave the country before that approval, USCIS may think that you had abandoned the application. This is why many lawyers advised people not to travel during the transition period.

          You may need to get a Visa appointment and may even need to get a stamping from your local consulate, before returning to US.

          Please weigh in your options and take appropriate action by consulting a good immigration attorney.

          Thanks

          Comment

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