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Immigration Issues/H1 B transfer while outside USA

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Question
Hello Sir,

I have a H1 B right now with company A and company B has given be a better offer, so I would like to have them transfer my H1. In between this transition, I am having to go to India for a short trip.
My question is
1) While the H1 B transfer has been applied and is pending approval from USCIS, I travel out of the US, would there be an issue?
1a) If there is no issue, after the approval is received can I use that I-797 to get my visa stamped and re-enter US with Company B's H1 B petition.
2) Can company B apply for a H1 B transfer while I am in India if I am able to produce the pay stubs from Company A for the duration I have worked with them. And if so, can I use the approved I-797 for my visa stamping for company B.

Your response in this regard is very much appreciated.

Thanks

Answer
Hi,

Co. B can file H1B for you irrespective of whether or not you are in the U.S. at time of filing or upon approval. However, in order for you to be granted "extension of status" through Co. B., you must be in the U.S. at time of filing and continue to remain in the U.S. until granted extension of H1B status by the USCIS.

If you are not granted extension of status (for example, you departed the U.S. after filing but prior to approval of H1B petition through Co. B), then you should apply for H1B visa stamp in the name of Co. B at a U.S. Consulate by showing the H1B approval notice issued by the USCIS.

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Ajay K. Arora

Expertise

I can answer your questions on employment and family-based U.S. Immigration Law. Expertise in various immigration categories includes the following: H-1B, L-1, O-1, PERM (labor certification), EB-1 to EB-3 I-140 employment-based immigrant petitions, family or fiance(e) or spousal sponsorship, visa extension or change of status, adjustment of status, naturalization (citizenship), etc.

Experience

Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

Organizations
American Immigration Lawyers Association (AILA) full member since 1995.

Education/Credentials
Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

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