H1 Transfer Queries

[indpraveen.ji]

Hi,

This is my 3rd month in US, I came in fresh H1 which is valid till 2017 and working for company A. Now I am going to start my H1 transfer to Company B and I am in a situation to visit India during May last week. While going to India, I am planning to tell my Company A that I am not gonna come back to US(due to agreement constraints) and I am planning to take my New I797 which I will receive if my H1 transfer is approved. I have the following doubts.

1. If my Company A has not withdrawn the Visa, shall I come back with the Old I797 or should I show the new I797 at the immigration?
2. If my company A has withdrawn my visa during the 2 weeks period when I am staying in India, should I go to US consulate for stamping again for Company B's I797 before coming to US? or since my H1 is valid till 2017 can I come with the old stamping and in immigration will it suffice if I show new I797?

Your advice is appreciated.

[raghvi]

Hi,

This is my 3rd month in US, I came in fresh H1 which is valid till 2017 and working for company A. Now I am going to start my H1 transfer to Company B and I am in a situation to visit India during May last week. While going to India, I am planning to tell my Company A that I am not gonna come back to US(due to agreement constraints) and I am planning to take my New I797 which I will receive if my H1 transfer is approved. I have the following doubts.

1. If my Company A has not withdrawn the Visa, shall I come back with the Old I797 or should I show the new I797 at the immigration?
2. If my company A has withdrawn my visa during the 2 weeks period when I am staying in India, should I go to US consulate for stamping again for Company B's I797 before coming to US? or since my H1 is valid till 2017 can I come with the old stamping and in immigration will it suffice if I show new I797?

Your advice is appreciated.

1. You should show the I797 of the employer for whom you plan to work with first workday after your entry to US.
2. Company can only file for petition revocation and this does not impact your visa as such. So, yes, you can come with old stamping and new I797.

This is my opinion not legal advice.

[indpraveen.ji]

1. You should show the I797 of the employer for whom you plan to work with first workday after your entry to US.
2. Company can only file for petition revocation and this does not impact your visa as such. So, yes, you can come with old stamping and new I797.

This is my opinion not legal advice.

Thanks Raghvi for giving me clarity...