QUESTION
Can I start an H1B transfer while traveling abroad for visa stamping with my current employer?
Asked on Nov 01st, 2025 on Immigration - California
More details to this question:
I’m currently working in the U.S. on H1B with Employer A and have an approved I-797. My H1B visa stamping appointment with Employer A is on Nov 28 in my home country. I just got an offer from Employer B, who wants to file my H1B transfer. Can Employer B file the H1B transfer petition while I’m outside the U.S. for visa stamping with Employer A? Will this cause any issues with the transfer petition, visa stamping, or re-entry? Or should I wait to return to the U.S. after my stamping before starting the transfer process? Thanks in advance for your advice!
1 ANSWER
Immigration and Nationality Law Attorney serving New York, NY
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Alan Lee & Arthur Lee, Attorneys at Law
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When a H-1B applicant for consular processing applies for and receives the H-1B visa, he or she is making an assertion that he or she will be returning to the US to work for that particular employer. It may be deemed visa fraud or misrepresentation if you return to begin working with another employer immediately when you reenter the US. A suggestion is to return and work with the sponsoring employer for a period of time before attempting to switch over to another organization. Due to the limitations of the Lawyers.com Forums, Alan Lee & Arthur Lee, Esqs.’ (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.
Answered on Nov 30th, 2025 at 7:40 PM