First time H1B stamping in India during gap in H1B employment with new offer letter and H1B transfer approval

Hi Anil,

I greatly appreciate you answering all the questions on this forum. My situation is explained below. Please go through the same and provide me a suggestion.

Situation: Currently working for employer A and received my H1 approval with them in 2018 October. But I haven’t been able to go to India for stamping after that. Now my last date with employer A is 16th November next week. But I already have H1B transfer approved for employer B. But I had to travel to India on 18th November to attend a family emergency and my employer B said the earliest start date they can do is December 19th as there are some organizational processes for them to take care of before the start date and would take couple weeks.

So my question is if it is safe to travel to India for stamping with the new H1B transfer approval notice and with the offer letter to start the employment after coming back on 19th December. Will I need to carry any specific documents for this. As there is a grace period in H1B employment gap for 60 days is it safe for me to get my visa stamped with this new employment offer ?

Please let me know.

Thanks & Regards,
Surya

Hi @Surya_Addala

When are you returning to USA?

There is no issue in the gap if you are not physically present in US.

Note that when you come back to US, you should join the new employer B immediately without any wait.

You can get H1B Visa stamping using the approved employer B H1B i797.

Hi Anil,

I greatly appreciate your response. I will be coming back on Dec 18th and will be joining company B on the next day. But let me explain some details:

My last day with employer A is 22nd of November and I will be attending the visa interview in India on the 21st November. So technically I’m still an employee of A but I will be carrying the i797 transfer approval notice with employer B and their offer letter with the start date as 19th December.

So in this case i have couple questions:

  1. Will I have any issues going to interview with the new offer letter ?
  2. Will this cause any issues with the approval time taken ?

Please let me know if you need more clarity on my situation.

Thanks & Regards,
Surya

There is no issue in using new employer’s approved H1B i797. You are fine. Don’t worry.

Thanks so much Anil. I greatly appreciate your help.