H1B Transfer with New Employer in Process and I-140 Starting with Current Employer

USA H1B Visa
1

Hi,

In my case, my New Employer filed H1B transfer in first week of Mar 2018 and got RFE responded on 23 Mar 2018. It’s in premium processing and expecting approval next week.

But my current employer going to file I-140 this week or early next week (by premium processing) and my questions as below.

  1. Does this going to affect my H1B transfer?
  2. If my H1B transfer gets denied can I just continue my current job with current employer?
  3. If my H1B transfer gets approved, how about the I-140 with my current employer? Can I use it/will that going to cause any problem with my extensions?

Your prompt responses are highly appreciated!

2

Hi @snr

I 140 questions

Your question 1 and 3 already have answers in our TruVisa wiki article here:

https://www.truvisa.com/t/i-140-h1b-transfer-pending-i-140-job-change-questions-and-answers/203

Just go through it and let me know if you still have questions.
I would be glad to answer.

Coming back to current Employer if H1B transfer is denied

Your Question 2

Yes, you can come back and join the current employer, if they have not already withdrawn your H1B petition.
But, as a safeguard, i would strongly suggest to wait for the final H1B transfer approval before resigning or joing the new employer.

3

Hi Anil,

I just read the topics. from my understanding H1B transfer won’t affect, even if my current employer start filing I-140. Please correct me if I’m wrong.

I’m planning to visit India in end of May 2018 (after getting H1B transfer approval). I have I-797A approval until Sep 2019 with my current employer. I may not start working with my New Employer by the time of stamping in India.

  1. Will that called out-of status?
  2. Will I get trouble with stamping?
4

Hi @snr

H1B transfer while I-140 filing in progress

No, your H1B transfer is completely different application and it is not affected by your I-140.

Visit India after H1B transfer approval

  1. No, you won’t be out of status.
    You get out of status only if you are inside USA.
    Once you leave USA, there is no ‘out of status’ concept in picture.

  2. No trouble with Stamping.
    In-fact, you can re-enter USA with your existing H1B stamp if it will be valid when you come back.
    There is no need to get a new H1B stamp for new employer if your old H1B stamp is still valid.

5

Thanks for your timely responses.

On your response to Q.1 you’re saying that I will get out of status if I’m in USA. what’s that mean?.. I have my I-797A until Sep-2019. Then how I will be in out of status if I stay here.

6

What i mean is:

You have to keep working and your payroll should keep running while you are on H1B in USA.

You cannot STOP working and still stay in USA. If you stop working, you will be ‘out of status’!

7

Got it… Thank you much and appreciated!