H1B Transfer from India

[pbdiv1003]

Hi,

I currently work for Company A. I came to India for a vacation visit and I got a new job offer from company B. Company B says that they can do H1B Transfer. Now if I do H1B Transfer
while I am in India , I have the following doubts.

1) If I travel back to USA on new I-797 , will my old valid visa stamp create any issue at POE?

2) How long before the start date at company B can I enter USA?

3) Do I need to resign from Company A when I am entering USA with the new I-797?

Could you please reply back to this situation.

[shervin143]

1) If I travel back to USA on new I-797 , will my old valid visa stamp create any issue at POE?
>>> No issues. You can use your existing h1B visa to travel to U,.S to work for the new employer as long as you have a valid H1B approval notice from the new employer. However, keep in mind that the officer at the POE can issue you the I-94 only till the visa expiry date which can be less validity compared to your new approval notice.

2) How long before the start date at company B can I enter USA?
>>> 10 days before the H1B approval effective date. This should not be a problem if the employer request the effective date to be immediate while filing the transfer.

3) Do I need to resign from Company A when I am entering USA with the new I-797?
>>> Advisable to do so. Otherwise, you may end up with overlapping experience letters which will cause issues when you file your future petitions and GC process.