You may often come across the question – what would you do if you were unemployed for some time before a new employer files an H1B transfer petition?
The Dallas H-1B Visa Attorney would use his or her experience and guide you about the USCIS using its discretion and approving the transfer with change of status during a short employment period.
However, if it has been more than a few weeks, the situation could be slightly complicated. Your case could be approved with you departing the US and seeking a visa stamp to work for a new employer.
What should be done?
In such cases, the employer is recommended not to put the new foreign worker on the payroll until you know the H1B petition outcome. It would also be recommended to have premium processing for such petitions.
What is the maximum duration for a person to remain unemployed before filing the H1B transfer?
The safest answer would be zero. However, you may have come across a number of cases approved with a duration of employment that was relatively short. Moreover, the transfer could be denied though your H1B classification has been approved. It implies that the beneficiary would have been required to move out of the US, seek the new visa stamped, and return to the US to commence employment with a new employer.
When should the beneficiary leave the US for acquiring the new H1B stamp?
You may wonder whether it is vital for the beneficiary to leave the US and acquire a new H1B stamp on his or her passport before beginning the new job. After transferring the H1B to the new employer and granted with change of status or extension, rest assured there is no need to receive a stamp on the visa.
Can a person travel with a pending H1B transfer petition?
Yet another important question to consider would be if the person could travel with a pending H1B visa petition. It would be recommended that you should not travel with a pending H1B visa petition. There have been several instances where USCIS returned inquiring the beneficiary to prove his or her presence in the US when the H1B transfer was pending.
Your immigration attorney would ensure that you get the best services without any hassles. They would use their experience in the arena to meet your specific needs in the best possible way. An experienced and expert immigration attorney would help you seek the desired employment visa.