Enter into USA with H1B Visa from company A & Receipt of H1B transfer from Company B

[Deiva]

Dear All,

I worked for company A in USA and got offer from company B. I submitted the documents to company B for H1B transfer and returned to India. The receipt from company B for H1B transfer shows a date and that date I was in India.

Then within one month, the company B asked me to travel to USA with old visa (stamped from A) and new receipt and instructed me not to tell volunterily about the new receipt at the port of entry and if they ask about the company i am going to work in USA then asked me to show Company B receipt. While enter the USA they were thingking that I going for Company A and issued I 94. After 2 months my H1B trasfer is approved and received another I-94 along with I 797.

Then I left USA before my both I-94 expirations. Now I want to file H1B transfer through company C.

My doubt is whether it is leagal to Enter into USA with H1B Visa from company A & Receipt of H1B transfer from Company B? If not legal will it affect H1B transfer for company C?

[Nattybone]

Hello, Deiva.

From what i understand, if the date on the stamped visa on the passport is valid, one could enter USA on Company A's visa stamp and Company B's I-797 (having valid dates). Once you enter USA, you could file for a transfer to Company C, but to enter you should have employment with Company B or whoever sponsoring your I-797.

I hope this helps. Personal opinion.

Cheers,

Dear All,

I worked for company A in USA and got offer from company B. I submitted the documents to company B for H1B transfer and returned to India. The receipt from company B for H1B transfer shows a date and that date I was in India.

Then within one month, the company B asked me to travel to USA with old visa (stamped from A) and new receipt and instructed me not to tell volunterily about the new receipt at the port of entry and if they ask about the company i am going to work in USA then asked me to show Company B receipt. While enter the USA they were thingking that I going for Company A and issued I 94. After 2 months my H1B trasfer is approved and received another I-94 along with I 797.

Then I left USA before my both I-94 expirations. Now I want to file H1B transfer through company C.

My doubt is whether it is leagal to Enter into USA with H1B Visa from company A & Receipt of H1B transfer from Company B? If not legal will it affect H1B transfer for company C?

[Deiva]

Hello, Deiva.

From what i understand, if the date on the stamped visa on the passport is valid, one could enter USA on Company A's visa stamp and Company B's I-797 (having valid dates). Once you enter USA, you could file for a transfer to Company C, but to enter you should have employment with Company B or whoever sponsoring your I-797.

I hope this helps. Personal opinion.

Cheers,

Hello Nattybone,

Thanks for your reply... I understand what you said. My doubt is I entered USA with company A stamp but at POE I didn't say that I am going to work for company B and not shown the receipt of Company B also. So they were thinking that I going to work for company A. I worked for company B and after 2 month my petition is approved. On the date of receipt I was in India. Is is legal to work for company B before petition approval?

[Nattybone]

Hello, Deiva.

My understanding is that generally one shows the I-797 at the POE too - so that the visa officer knows which company one is employed with.

I am not clear on after 2 month my petition was approved. Did you enter USA without a valid I-797 from Company B? I am not certain but this does not sound legal to me. You might take opinion from others as i am not fully aware of the implications here.

Sorry, could not help more.

Cheers,

Hello Nattybone,

Thanks for your reply... I understand what you said. My doubt is I entered USA with company A stamp but at POE I didn't say that I am going to work for company B and not shown the receipt of Company B also. So they were thinking that I going to work for company A. I worked for company B and after 2 month my petition is approved. On the date of receipt I was in India. Is is legal to work for company B before petition approval?