H-1B transfer before stamping and while traveling outside the US

Hello,

My H-1B stamping is in three weeks and I have received an offer for a new role which I want to accept. I am currently outside the US for visa stamping using my current employer’s petition. A decision on the petition that my new employer will file will likely not be made until after my currently scheduled appointment. I will be traveling back to the US at the end of January. How should I go about the change of employer?

  1. Can the new employer submit an H-1B transfer petition to USCIS before I have the visa stamped using my currently approved petition?

  2. Can they file it while I am outside the country?

  3. If my new petition is approved before my return to the US, will it cause any issues at the point of entry or could I enter using the visa stamp with my current employer? I will not be resigning from my current role before returning to the US.

  4. Does approval of a new petition automatically invalidate the original petition or can I continue employment with my current employer until they officially withdraw it? If it’s the latter, it would mean I will have 2 approved petitions with two employers for a few weeks.

  5. Is there anything else I haven’t considered? Seeking advice regarding the right chronology of events.

Thank you for the assistance!

Yes.

Yes.

My suggestion is to initiate the transfer after you come back to the US.

No, you can continue working with your current employer and switch to new employer on or any time after the ‘From’ date on the dates of intended employment.

@Kalpesh_Dalwadi thanks a lot!
How long does it normally take for a decision on the H-1B transfer without premium processing? I believe it’s up to 2 weeks for premium processing

You will need to check processing time for specific center that you will submit your application at.