View Full Version : Filing H1 Transfer and going india

04-02-2009, 02:50 PM
Hi There,

If My Project with company "A" is over and they are sending me back to india, but before going back i file transfer with company "B", once "B" gets the approval i can come back.

Can it be done this way?? i mean after transfer is filed can anyone go back to india or He/she has to be in US during this period??

Thanks in advance

04-02-2009, 05:07 PM
That actually is the right way to do it.. Once your project is done technically your H1 is expired and you need to return to your home country.

Yes, you can file for a transfer and travel anywhere you want but for reentry you will need the transfer notice or approval notice from the new company, which can be mailed to you. If you already have a visa stamp then just show the new approval (transfer) and they will let you come in.

04-02-2009, 05:11 PM
Actually stay outside the country does not constitute towards bench time. So if you are outside country - you are not in bench. One American Consulting company I used to work for way back in 2001 - used to move benched candidates to Canada (if they need to be benched for long time) and then bring them back when they get a project.

Please remember that you may be asked to prove you have a project at POE so when you come back have copies of contract to prove it.

Please verify with an Attorney on my statement above.