Looking for advice on my H1B transfer situation before I engage with a new employer's immigration team.
**My situation:**
- H1B valid till Sept 2026, stamped at US consulate (stamping done )
- Currently in India since approx late 2024
- Left USA on approved extended leave (family reasons) — still technically a current employee per HR
- Last paycheck: Mid 2024
- Previous employer filed PERM (approved) but never filed I-140
- No formal resignation submitted
**New opportunity:**
- US-based recruiter approached me independently
- Job in USA
- Planning H1B transfer + consular processing (entering from India)
- Hiring manager confirmed they need to check with their immigration team
**My questions:**
- Is my H1B transferable given the gap in paychecks (2024 onwards) while on approved leave abroad? will there be fee applied?
- What are the risks, if any, with consular processing given my time outside USA?
- Is the "prolonged leave" HR status enough to cover the paycheck gap?
- Any recommended affordable immigration attorneys familiar with H1B consular processing?
I am not looking for full legal advice — just guidance on what to expect and whether my case is straightforward or complex. Thank you.
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