Help Needed

[ashyam24]

I am working for a company A and has a visa stamping till Sep - 07. I am planning to move to company B. The company A said that they will cancel my visa, if I move from them. So if they have cancelled my visa,

Can I still travel out the country and come back with the company A visa stamping?
Should I get stamping of company B visa for re-entering?

Seniors please guide me on this.

[ssss63]

Hello Shyam,

Once ur comp A called ur visa, u ll b out of H1 status, you can't apply for H1 transfer either. when u become out of H1 status, u r suppose to apply fresh H1B.

Can I still travel out the country and come back with the company A visa stamping?
No, you cannot com bac with Comp A visa.

Should I get stamping of company B visa for re-entering?
yes, as a fresh H1 stamping.

Y dont u apply for H1 transfer thru PP with comp B and get the receipt for that as quickly as possible. once u get the receipt, u r legally allow to stay in US though Comp A cancel ur visa.

Seniors pls correct me if am wrong anywhere

Cheers
Frederik

[nuser]

I think, Frederik is right.

Instead on keeping yourself under pressure all the times, just apply for H1-b transfer from Comp A to Comp B, under premium processing, so that you current H1b visa will be transferred to Comp B in 15 canlendar days and Comp A will no more be able to threaten you to withdraw the visa that they hold for you!

Then, whenever you go out of country, you can either get your passport restamped with new visa-stamping for Comp B OR you can just re-enter on your current stamping, which is valid until Sep 07 (you may need to show your H1b approval for Comp B).

Hope this helps,
- NS

[ashyam24]

Thanks

Thank you very much for your replies.
I am going to transfer my visa without the knowledge of company A to company B. So even if company A cancels my visa(after transfering to company B) can I re-enter with company A stamping?

Is getting visa stamping in Mexico safe for my case?

I am here from Feb - 06. But I got my SSN only on April 1 06. I got my project only by June 1 06. I dont have pay-stub for those 3 1/2 months. I am going to apply for H-4 in chennai consulate by March - 07.

Will my bench-period affect my wife's visa? Is there any way to may it easy?

Seniors please guide me on this.

[nuser]

"I am going to transfer my visa without the knowledge of company A to company B. So even if company A cancels my visa(after transfering to company B) can I re-enter with company A stamping?"
--> Once your visa is transferred, Company A can not cancel it as it is already "transferred" to Company B and Company A does not hold it anymore!
You can still re-enter into USA with your original visa, which is valid upto Sep 07, provided you carry with you New 797 with Company B and a current, employer verification letter from company B. (also better to keep all your pay stubs, all tax returns and all 797s with you)

Technically you should start getting your pay-stubs as soon as you join the company, not from the day you get a project!

I dont think your 3 months gap will affect your wife's visa (not a legal advice) as she will need to show them your that time current employment and few recent pay stubs only.
But, this may/may not affect your next visa re-stamping. (ask your employer/lawyer, how to overcome this)

Also make sure that your total income for 2006 is at least what you have shown on your LCA, as you may need it for your future Visa related matters!


Hope this helps!
-- NS

[ashyam24]

Thanks a lot

Thanks a lot and lot and lot.
I really appreciate your help.