Can I start an H1B transfer while traveling abroad for visa stamping with my current employer?
Both viable options however to return to work for current employer and then transfer seems to be one with less changes to the plan.
San Francisco, CA
Immigration Lawyer at San Francisco, CA
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Both viable options however to return to work for current employer and then transfer seems to be one with less changes to the plan.
I-140 remains valid for retaining priority date and if valid for over 180 days for H-1B extensions. For adjusting status or residency, the offer...
You are to answer honestly, no other choice unless you want to misrepresent and trigger adverse immigration questions. However the important part...
Petitioning employer has H-1B approval for I-9 verification. If you continue to work for this employer per H-1B, you are maintaining status.
You may COS to H-4 but if you are running out of H-1b time, this is not a good idea as the time used to continue to work will eat up the H-1B time.
I-140 can be filed, ensure you address the RFE issues that were raised or it will be money wasted. H-1B extension can be sought based on this filing.
We do see RFE(s) for most of our H-1B PP filings. We also see them issued towards the end of the 15 day processing times.
It is best to have an application filed if there is a gap in status. Since this is new territory, we will have to see if USCIS accepts H-1B...
Usually a waiver or NOC is required. You can attempt and explain if questioned. However, Consulates may need additional time to vary information...
The reason you hear different opinions is because they are based on different scenarios. If there is a genuine need to work on projects, it will...