H1B transfer - going back to home country

[sangsnyc07]

I was on H1B (non-profit) status, visa stamping has not been done. I lost my job and have not been paid for the last two months. I just got an offer from another non-profit institution. I want to go for the premiun processing for the H1B transfer as my previous institution has not revoked my visa and my I-94 is valid until 2009.

The start date for the new job is in January but I may be able to negotiate the offer to begin in mid-November. What should I do now?

1. I have not gone back to my home country in 4 years and now I want to take a break and start the new job in January. Is this advisable? What I mean is can I file the petition now, and leave US and get my papers mailed to me in my home country and go for visa stamping in my home country and come back to start my new job in January? (provided ofcourse the visa transfer goes through successfully)

2. Or should I stay for another 15 days ( will I be out -of status for these 15 days too even after filing the petition for h1B transfer), get my H1B transfer approved, work for 2 months at the new job, then go back home?

Of course the dilemma is because once I start the job, my employer may not like me taking a month's vacation immediately even if I request for a non-paid vacation.

Thanks

[hpandey]

Originally Posted by sangsnyc07

I was on H1B (non-profit) status, visa stamping has not been done. I lost my job and have not been paid for the last two months. I just got an offer from another non-profit institution. I want to go for the premiun processing for the H1B transfer as my previous institution has not revoked my visa and my I-94 is valid until 2009.

The start date for the new job is in January but I may be able to negotiate the offer to begin in mid-November. What should I do now?

1. I have not gone back to my home country in 4 years and now I want to take a break and start the new job in January. Is this advisable? What I mean is can I file the petition now, and leave US and get my papers mailed to me in my home country and go for visa stamping in my home country and come back to start my new job in January? (provided ofcourse the visa transfer goes through successfully)

2. Or should I stay for another 15 days ( will I be out -of status for these 15 days too even after filing the petition for h1B transfer), get my H1B transfer approved, work for 2 months at the new job, then go back home?

Of course the dilemma is because once I start the job, my employer may not like me taking a month's vacation immediately even if I request for a non-paid vacation.

Thanks

Take the vacation now while you can. I can understand your problem . In any case if you go to India later you will have to go for Visa stamping . So it doesn't matter if you go now or later . Just have your employer send you the papers once you are there and get the stamping done using that.

[dpp]

Originally Posted by hpandey

Take the vacation now while you can. I can understand your problem . In any case if you go to India later you will have to go for Visa stamping . So it doesn't matter if you go now or later . Just have your employer send you the papers once you are there and get the stamping done using that.

If you current visa stamp in passport is not expired, then you don't have to go for stamping. Just carry new H1 transfer approval notice along with passport. Thats it. Visa stamp is valid till it expires even though you moved to a different employer.

[sangsnyc07]

Originally Posted by dpp

If you current visa stamp in passport is not expired, then you don't have to go for stamping. Just carry new H1 transfer approval notice along with passport. Thats it. Visa stamp is valid till it expires even though you moved to a different employer.

Visa stamping has not been done as I never did go back to my country after getting my H1B status. So I will have to get visa stamping done. I read on this forum that USCIS will not give me a new I-94 as I am going for a transfer. This is the reason why I have doubts about going back now.

My I-94 says my visa is through organization A.
When I go for visa stamping, I will have to show papers from Organization B even though I have not started working for them.
Will this create problems?
Or is it better that I go back after working for Organization B. That way I can show paystubs from organization B

Thanks for the inputs

[surabhi]

You mentioned you were not paid for last 2 months.

There is good chance that you will get H1, but USCIS might not include a I-94 forcing you to get stamping.

Since you are opting for premium processing, if I were you, I would wait to get approval from USCIS and then go. If the attorney files the paperwork promptly, its matter of 15 days. And you have option to start in Jan, so you can take vacation, get stamping and be back in time.