Urgent: H1 transfer applied and travel to india with old Co

[Sanjay]

Hi,

I am working for company A with H1 with company A and Company B offered me job so applied for H1 transfer 1 week ago in normal processing. I am still working with Company A.

1. I have to travel to India with Comany A and then resinged in india. Can I come on company B H1 and join company B as they have filed my H1 transfer. Is that possible and legal.....

Thanks in advanced

Sanjay

[psanil]

Sanjay :
The way I understand it, you can start working for company B once you get a "acknowledgement" from the INS that your H1-B papers have been received.
However, to enter the country, you need a valid visa (which I presume is still valid) and a valid H1-B approval notice . Now, you do not yet have an approval notice from company B so technically you'll still have to come into the country using the approval notice of company A which in turn means that you'll still have to be employed by company A when you're entering the country .

Disclaimer : I am not a lawyer and this is not a legal advice :-)

[Sanjay]

H1 transfer travel out of country

Thanks psanil,

I appricaite the immediate help. I got ur point and to further clarify. My visa is valid/stamped with co A is till 2006 and I94 also till 2006.

Can I legally enter in USA to join co B with approval notice of co B and valid/stamped visa with co A (will not be employer when entering in USA).

If not can you suggest me another work arround......
from ur experience so that I can make it out

thanks

Sunil