h1b - petition not under cap.

[sapient]

Dear Friends,

This is regarding the h1b petition , not under cap.

I got my h1 stamped in Oct 2007 for a consultant in USA (EMPLOYER A)
I have not traveled to US.

My current Employer in India (EMPLOYER B) is willing to file the petition for me (not under CAP) on premium processing. He wants me to go for stamping after the petition is approved.

I have these queries for the above situation:
a) Once EMPLOYER B files the petition in USA, Can I Travel on my existing H1B for EMPLOYER A?.
b) Once EMPLOYER B - petition gets approved in USA, Can I Travel on my existing H1B for EMPLOYER A?.

Apologies for redundant queries.

Regards, Sapient

[txh1b]

a. Only if you intend to work for employer A.
b. Visa remains valid but to join B, you have to trael and enter using B's petition as the petition was not filed as a EOS.

You should wait till B's petition gets approved and travel to work for them on A's visa.

[sapient]

thank you.. more clarity please

a. Only if you intend to work for employer A.

.. yes yes.. i will travel to work for employer A.

is it fine if my petition from employer B is under process while i travel to work for employer A?.

will there not be any queries asked at the port of entry?.

b. Visa remains valid but to join B, you have to travel and enter using B's petition as the petition was not filed as a EOS.

You should wait till B's petition gets approved and travel to work for them on A's visa.

this is the place where i need more clarity .

employer B is asking me to get the stamping done after the petition gets approved. as suggested by txh1b, i may loose my h1b.

what is the best practice , given the above situation to ensure i donot loose my h1.

thanks in advance

[txh1b]

a. Yes, Yes. No No. You can have as many H1bs in progres as you want. Each H1b is a separate case and treated like a new H1b.
b. You do not lose any H1b. H1b is valid only with a valid employment offer in US. Entry without that is illegal.

[sapient]

confusion!!

b. You do not lose any H1b. H1b is valid only with a valid employment offer in US. Entry without that is illegal.

txh1b , thx for the clarification.

you mentioned here as I will loose my visa.

above comment suggest, i will not lose my h1b!!.

in summary, i can try to file the petition for employer B , continue to hold the visa issued for employer A. however, i should travel to work for employer B only after the petition is approved. at later point in time, i can decide to switch over to employer A with zero cost attached to it. ( pls refrain from attaching logic to above query, it is only theoretical).

thanks in advance.

[txh1b]

That post you were referencing wanting to get another H1b stamped using employer B's petition and in case that employer is not good, the VO may cancel the visa.

But a mere approval of petition and a job offer along with a pre-existing valid visa is sufficient to travel. I have refrained from attaching any logic with the second part of your question.

[sapient]

But a mere approval of petition and a job offer along with a pre-existing valid visa is sufficient to travel.

thanks txh1b.

why is my employer B insisting on the stamping upon getting the petition ( not subjected to CAP)?. what is the advantage he gains here?.

in case of conflict with employer B, can i travel to US ( for first time ) to work for employer A?. ( assume: i have petition from employer B, approved).

[txh1b]

Each petition is independent. You can travel and work for either of them as long as the job offer exists.

I would say your employer B is stupid to insist on a visa stamp.