Questions about H1B Visa Transfer Petition

We got following responses from Immigration Lawyer for our questions related to 'H1B Transfer Petition: Travel outside of U.S. after petition is approved?'


Q: I will continue working with my current employer for around a month after petition is approved. Please let me know if I can travel outside U.S. during that duration.

A: You may travel as long as you have a valid visa stamp in your passport and you may work for your old employer as long as you have a valid H-1B with them and they do not withdraw your H-1B.

We wish to remind you that traveling outside of the U.S. while your H-1B petition is in progress could affect your petition. If you have plans to travel abroad prior to the approval of your petition, please contact your immigration lawyer.


We got following responses from Immigration Lawyer for our questions related to 'H1B Transfer Petition: How long employee can continue working with old employer?'

Q: I'm currently working for Company 'X' on H-1B Visa. I have decided to join another Company 'Y' and Visa Transfer Petition is already approved.

I recently came across the statement : "The law states that employee must join the petitioning employer within 60 days of the start of validity of the H-1B petition that was approved".

This means that I should resign the Company X and join Company Y within 60 days of transfer petition approval. Is it true? Please let me know.

A: Yes, that is correct.

Q: Is there any way to extend that duration beyond 60 days? Please let me know. Due to unavoidable reasons, I would not be able to join Company 'Y' within 60 days of visa transfer petition approval.

A: No one will know when you start, so it's not the type of rule that is inflexible. Talk to the company to set a start date.