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  • Travel to India after H1B transfer

    Hi all,

    I am employed with company 1 now and I have got an offer from company 2 and H1B transfer process in progress.

    I have a valid visa stamp on my passport with company 1 name on it valid until March 2014.

    1. Once I get my H1B transfer approved I am planning to travel to India immediately before joining the new company 2. Do you guys see any issues with this?

    2. Is it mandatory to get to visa stamping in India?

    3. If NO, will I have issues at the port of entry?

    4. I will be showing the new I797 from company 2 and Visa stamp on passport with company 1 mentioned on it right?


    Thanks in advance

  • #2
    Originally posted by ganesh_r View Post
    Hi all,

    I am employed with company 1 now and I have got an offer from company 2 and H1B transfer process in progress.

    I have a valid visa stamp on my passport with company 1 name on it valid until March 2014.

    1. Once I get my H1B transfer approved I am planning to travel to India immediately before joining the new company 2. Do you guys see any issues with this?
    -- No problem.
    2. Is it mandatory to get to visa stamping in India?
    -- Not needed
    3. If NO, will I have issues at the port of entry?
    -- No
    4. I will be showing the new I797 from company 2 and Visa stamp on passport with company 1 mentioned on it right?
    -- Yes

    Thanks in advance
    See above
    This is my opinion and not legal advice.

    Comment


    • #3
      Thank you and few a questions

      Originally posted by kabkaba View Post
      See above
      Thank you very much for your response kabkaba.
      As I mentioned I want to travel right after my transfer approval. Once I come back to USA my old employer wants me to work with him for 2 weeks notice period and then relieve from duty.

      1. Can I do this? I am concerned if this will be a problem since I will display my new I797 from my new employer at the port of entry though my visa stamp is for my old employer?

      2. My understanding of H1 transfer approved is I will have 2 sponsorship and its my decision with which one employer I will work for? please correct me if I am wrong....

      3. If above is true then can i still come back to USA and work for my old employer for the notice period and then join my new employer right?

      Thanks a ton in advance
      GR

      Comment


      • #4
        Originally posted by ganesh_r View Post
        Thank you very much for your response kabkaba.
        As I mentioned I want to travel right after my transfer approval. Once I come back to USA my old employer wants me to work with him for 2 weeks notice period and then relieve from duty.

        1. Can I do this? I am concerned if this will be a problem since I will display my new I797 from my new employer at the port of entry though my visa stamp is for my old employer?
        -- That is not a problem, you can use your Visa with any petition. But, I see a problem with returning on old petition and then joining new employer after 2 weeks. Since you are joining old employer for the first two weeks, you will need to show the old petition at POE and then your I-94 will correspond to that petition.
        2. My understanding of H1 transfer approved is I will have 2 sponsorship and its my decision with which one employer I will work for? please correct me if I am wrong....
        -- That is correct if you stay in the US.
        3. If above is true then can i still come back to USA and work for my old employer for the notice period and then join my new employer right?
        -- Yes, but in that case your latest I-94 will not correspond to your new employer. You will have to again leave the US, and return showing the new petition and then you can start working for the new employer.
        Thanks a ton in advance
        GR
        See above.
        This is my opinion and not legal advice.

        Comment


        • #5
          Concern about travelling to India after H1 B transfer

          Originally posted by kabkaba View Post
          See above.
          My question is around the same subject discussed here

          After i get release from Company A , I plan for a 2 week trip to India , at that point I am not employed with Company A , while coming back I have

          Approved I 797 Notice of Action H1 B Approved from Company B
          I 94
          Visa stamped till Sep 2015
          Client Invite Letter (Company B)
          No Paystubs (as I have not yet joined Company B )
          No Manager information (as I have not yet joined Company B)


          Are there any other document i need to have , at POE , please advise .

          Comment


          • #6
            Originally posted by prith View Post
            My question is around the same subject discussed here

            After i get release from Company A , I plan for a 2 week trip to India , at that point I am not employed with Company A , while coming back I have

            Approved I 797 Notice of Action H1 B Approved from Company B
            I 94
            Visa stamped till Sep 2015
            Client Invite Letter (Company B)
            No Paystubs (as I have not yet joined Company B )
            No Manager information (as I have not yet joined Company B)


            Are there any other document i need to have , at POE , please advise .
            How would you have I94 upon return? You would get new I94 at Port of Entry wouldnt you?



            This is my opinion not legal advice.

            Comment


            • #7
              Prith

              Originally posted by raghvi View Post
              How would you have I94 upon return? You would get new I94 at Port of Entry wouldnt you?



              This is my opinion not legal advice.
              Correct I will have my I 94 updated with the latest information

              Now there are no new I 94 given , the one which was given during the first visit is updated

              Question do i need any other docs apart from the one mentioned .
              Thanks for your input here

              Comment

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