Visa Stamping, H1B Transfer and India Travel

[ysk1]

A question for the experts here whose answers have helped me multiple times.

I travelled to US with dependents for company AAA and stamped visa is valid from 10/01/2013 to 08/18/2016. (Expiring next month)
While in US, I moved to company BBB (currently employed with them and in their payroll) and the approved I-797 is valid from 09/03/2015 to 07/22/2018. But this is still not stamped in my passport.
I am currently in India for Vacation and has stamping appointment on 07/21/2016. I am traveling back on 07/27.

Before my travel I had cleared hiring process for company CCC and they have started my LCA process. (Not sure if this is same as H1B transfer or pre requisite for it).
They said will do H1B as normal process.

My questions are:
1. Will the above complex scenario affect my stamping and cause a rejection. For stamping, I don't have any docs from the new LCA request for CCC. I have docs for only AAA and BBB.

2. Since I have a stamped visa (AAA) valid till next month and an approved I797 (BBB) till 2018, I am planning to cancel the stamping appointment and travel back with these docs. Is this fine? I don't want a rejection to jeopardize everything. Will this be a problem at POE or I-94?

3. Will the new LCA/H1B transfer affect entry back to US? OR will this travel affect my H1B transfer or cause a denial as my I94 will change?

4.Once back I am planning to join CCC with the I797 receipt. Will having a stamped valid visa (BBB) till 2018 help me in case the request from CCC is rejected or RFE.

Thanks in advance.

ysk

[raghvi]

A question for the experts here whose answers have helped me multiple times.

I travelled to US with dependents for company AAA and stamped visa is valid from 10/01/2013 to 08/18/2016. (Expiring next month)
While in US, I moved to company BBB (currently employed with them and in their payroll) and the approved I-797 is valid from 09/03/2015 to 07/22/2018. But this is still not stamped in my passport.
I am currently in India for Vacation and has stamping appointment on 07/21/2016. I am traveling back on 07/27.

Before my travel I had cleared hiring process for company CCC and they have started my LCA process. (Not sure if this is same as H1B transfer or pre requisite for it).
They said will do H1B as normal process.

My questions are:
1. Will the above complex scenario affect my stamping and cause a rejection. For stamping, I don't have any docs from the new LCA request for CCC. I have docs for only AAA and BBB.

2. Since I have a stamped visa (AAA) valid till next month and an approved I797 (BBB) till 2018, I am planning to cancel the stamping appointment and travel back with these docs. Is this fine? I don't want a rejection to jeopardize everything. Will this be a problem at POE or I-94?

3. Will the new LCA/H1B transfer affect entry back to US? OR will this travel affect my H1B transfer or cause a denial as my I94 will change?

4.Once back I am planning to join CCC with the I797 receipt. Will having a stamped valid visa (BBB) till 2018 help me in case the request from CCC is rejected or RFE.

Thanks in advance.

ysk

Question for you, with whom are you planning to work immediately upon entry to US?

This is my opinion not legal advice.

[ysk1]

Question for you, with whom are you planning to work immediately upon entry to US?

This is my opinion not legal advice.

I will continue to work with BBB upon return to US until receiving petition receipt from CCC. Then I will give my notice.

[ysk1]

Any pointers are appreciated.

[raghvi]

A question for the experts here whose answers have helped me multiple times.

I travelled to US with dependents for company AAA and stamped visa is valid from 10/01/2013 to 08/18/2016. (Expiring next month)
While in US, I moved to company BBB (currently employed with them and in their payroll) and the approved I-797 is valid from 09/03/2015 to 07/22/2018. But this is still not stamped in my passport.
I am currently in India for Vacation and has stamping appointment on 07/21/2016. I am traveling back on 07/27.

Before my travel I had cleared hiring process for company CCC and they have started my LCA process. (Not sure if this is same as H1B transfer or pre requisite for it).
They said will do H1B as normal process.

My questions are:
1. Will the above complex scenario affect my stamping and cause a rejection. For stamping, I don't have any docs from the new LCA request for CCC. I have docs for only AAA and BBB.

2. Since I have a stamped visa (AAA) valid till next month and an approved I797 (BBB) till 2018, I am planning to cancel the stamping appointment and travel back with these docs. Is this fine? I don't want a rejection to jeopardize everything. Will this be a problem at POE or I-94?

3. Will the new LCA/H1B transfer affect entry back to US? OR will this travel affect my H1B transfer or cause a denial as my I94 will change?

4.Once back I am planning to join CCC with the I797 receipt. Will having a stamped valid visa (BBB) till 2018 help me in case the request from CCC is rejected or RFE.

Thanks in advance.

ysk

1. It should not affect your stamping as such . As long as you have the right documentation for the employer for whom you will be working and whose petition you are representing, you should be good.
2. If you do that, there is no guarantee that you will get I-94 till 2018 when you enter US. Many POE officers grant I-94 only till Visa Expiry/Passport expiry which ever is earlier and don't go by I797.
3. It depends when the H1 is filed and approved. As it is normal processing it will take 2-4 Months.
4. It is not recommended to join merely on receipt basis, because if for some reason it gets rejected you become out of status and would need to leave US.

I would advise going ahead with the stamping and getting yourself a new visa till 2018.

This is my opinion not legal advice.

[ysk1]

Update !

Just wanted to provide an update on the discussion.

I cancelled the stamping appointment. I entered US with my old employer Visa and new employer I 797 and got I94 validity based on I-797.
POE asked the names of employers, why I didn't stamp this time ( I said short vacation) and reminded me to stamp next time I go out of US.
Smooth experience and both employers being well known companies must have helped.

[balajikannan]

Hi ysk1,

what is your POE in US?

Even am planning not to do stamping with my new employer,Since the current stamped visa with my previous employer is valid till 2017 year end.

My dependents will travel alone from India after my departure, any issues with that?

Any comments greatly helpful

[ysk1]

Hi ysk1,

what is your POE in US?

Even am planning not to do stamping with my new employer,Since the current stamped visa with my previous employer is valid till 2017 year end.

My dependents will travel alone from India after my departure, any issues with that?

Any comments greatly helpful

From my research and expert advise I got, POE doesn't matter.If you have a visa you can enter US. Its same everywhere. Anyway mine was Boston.

On dependents traveling alone: Just to confirm, call consulate and confirm.Ideally should not be a problem. Make sure dependents carry their I797A- H4 approval originals, your employment letter, marriage certificate and birth certificate for kids.