H1B lay off, file H1B Transfer, re-enter US on receipt

(Anonymous) #1

Hi Anil,

i was layed off by my previous company on the 4th of Jan. I already have an offer, but my visa will be filed after 2 weeks. I have an emergency to travel to India next week.

Is it possible for my new employer to file for my H1b transfer when I am in India in this case?

Will I be able to come back to US after 3 weeks on the basis of receipt notice?

Thanks in Advance

(Anil Gupta) #2

No, you cannot enter US on the basis of receipt.

H1B Transfer can be filed but if you leave US, you cannot enter unless the H1B is approved and you have got the new H1B visa stamp.

At current rate of regular H1B processing, this could mean wait time of more than 7 months.

So, my advise is to not travel.

(Anonymous) #3

have a valid stamp till Dec 2020. So will I be able to enter on the basis of this stamp and receipt? Can I travel after the petition is filed?

(Anil Gupta) #4

What will you say at port of entry if asked about which employer are you working?

Legally, you are allowed to use existing visa stamp as long as your petition that you want to use is still valid.

Your current employer will withdraw your H1B and your transfer would be pending at the time of entry.

This is a high risk proposition.

(Anonymous) #5

ok, thanks for your suggestions!