H1B Transfer & Visit to India

[Anuj Acharya]

Hi,

I am in tricky situation:

1) I was on F1 status before, Company A filled for my H1B and was approved

2) Company B did my H1B transfer with start date of March 3, 2014

I am going to TRAVEL TO INDIA from 15 Feb, 2014 - 1 March, 2014.

Questions:

1) When I go for my H1B visa stamping in consulate which I797 should I show Company A or Company B ?
2) Are there any chance of rejection at consulate or port of entry?

[raghvi]

Hi,

I am in tricky situation:

1) I was on F1 status before, Company A filled for my H1B and was approved

2) Company B did my H1B transfer with start date of March 3, 2014

I am going to TRAVEL TO INDIA from 15 Feb, 2014 - 1 March, 2014.

Questions:

1) When I go for my H1B visa stamping in consulate which I797 should I show Company A or Company B ?
2) Are there any chance of rejection at consulate or port of entry?

Is company B's I797 approved? Is it filed as consular process or COS? Are you working with Company A currently?

1. If you have both company A as well as Company B's petition with you, you should present the I797 of the company you willing to work with from March 3rd Onwards and get H1 stamping accordingly.
2. A lot depends upon how strong the documentation is with respect to A or B. Do you have client letters from both A and B?

This is my opinion not legal advice.