Question about the port of entry

[dgowrishankar]

Hello,

I am struck in a peculiar problem. Here is my scenario.

I have a valid H1 visa stamped in my passport, which was issued by the company X. I was in US, working for them for the last 1 year. I came to India in December and I got a new job in US, with company Y. They have also filed my h1 transfer and issued the I-797(receipt of the petition filed for h1 transfer and NOT THE APPROVAL NOTICE) for the same. I know that I can start working for the new employer with this receipt, but now I face a peculiar problem.

My old employer X, is under trouble now as it was raided by the USCIS recently for tax evasion charges. Though I was just an employee of that company and I have nothing to do with it, am still scared to enter the US with its visa stamped in my passport. I am worried if the immigration officer might stop me at the port of entry seeing company X's name in my visa.

I have the following documents with me now...

1. Two pay stubs for the months November and December 2008 (I came to India in December and I was not paid after that)
2. Offer letter from the company Y
3. I-797 issued by the new employer Y(NOT approval, but just the receipt)
4. All the documents of the old employer

Please advice if the above said documents are enough or do I need more documents. I am delaying my trip to get a clear picture of the current situation. Please help

[Subramanya]

I am struck in a peculiar problem. Here is my scenario.

I have a valid H1 visa stamped in my passport, which was issued by the company X. I was in US, working for them for the last 1 year. I came to India in December and I got a new job in US, with company Y. They have also filed my h1 transfer and issued the I-797(receipt of the petition filed for h1 transfer and NOT THE APPROVAL NOTICE) for the same. I know that I can start working for the new employer with this receipt, but now I face a peculiar problem.

My old employer X, is under trouble now as it was raided by the USCIS recently for tax evasion charges. Though I was just an employee of that company and I have nothing to do with it, am still scared to enter the US with its visa stamped in my passport. I am worried if the immigration officer might stop me at the port of entry seeing company X's name in my visa.

I have the following documents with me now...

1. Two pay stubs for the months November and December 2008 (I came to India in December and I was not paid after that)

---- It is important to have paystubs when you go for visa stamping onyour Passport and not at the time of entry to US at a POE

2. Offer letter from the company Y

---- This letter has nothing to do with your entry to the US. You need a valid visa stamped on your Passport (The visa can be based on any employer)

3. I-797 issued by the new employer Y(NOT approval, but just the receipt)

---- If you want a new I-94 with a new valid date for the new employer, then you should have in your posession a valid I-797 from that company. Or else you enter with the visa of the old company

4. All the documents of the old employer

---- As per your post you have not not yet joined your new company. In which case you should enter US with you present stamped visa from the old company

Please advice if the above said documents are enough or do I need more documents. I am delaying my trip to get a clear picture of the current situation. Please help[/QUOTE]

---- None of the above documents have any relevance at the POE. If you want you can delay your trip till you get the new I-797 and then enter US with that new petition and using your old stamped and valid visa. In this case you will get a I-94 if you show your new H1 petition from the new company

Subramanya

[dgowrishankar]

Thanks!

Subramanya,

Thanks for your reply!

I also wanted to know whether I'll face any problems at the port of entry if I enter with my old visa, since my old employer is under the scanner.

Please advice

[txh1b]

I think that question was answered already. If you are too scared, wait for your I797 to be approved, get a new visa stamp and enter. It is not needed unless you are/were involved in some part of illegal scheme like benching without pay or things of that nature in the past and you are scared about opening the can of worms.

In any case, you have to wait for the new I797 to enter and work for the new employer.