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H1b visa extn approved,stamping not done,Travel to India,Issue for H1 transfer?

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  • H1b visa extn approved,stamping not done,Travel to India,Issue for H1 transfer?

    I am currently with Employer A.My H1B visa extension has been approved and received the docs till Feb 2014.But stamping has not been done yet as I have not left US.
    Now I have received an offer from Employer B. (March 2012).
    I have to travel to India in June 2012 which cannot be avoided.

    Question 1: If Employer B completes H1b transfer before I travel to India and If I do not get any docs from Employer A.Are the docs provided by my Employer B enough for the stamping ?

    Question 2: If my transfer is in progress.Can I travel back from India with my Employer B's receipt documents and Employer A's visa stamping.

  • #2
    Originally posted by soniya26 View Post
    I am currently with Employer A.My H1B visa extension has been approved and received the docs till Feb 2014.But stamping has not been done yet as I have not left US.
    Now I have received an offer from Employer B. (March 2012).
    I have to travel to India in June 2012 which cannot be avoided.

    Question 1: If Employer B completes H1b transfer before I travel to India and If I do not get any docs from Employer A.Are the docs provided by my Employer B enough for the stamping ?
    You will need B's approval notice to apply for your H1B Visa and return to US.
    Question 2: If my transfer is in progress.Can I travel back from India with my Employer B's receipt documents and Employer A's visa stamping.

    It is not recommended to travel when transfer is in process. The petition can get approved without I-94. Also, if you return with A's petition approval notice you need to work for A. If you have already joined B using receipt notice at that time, that will be impossible. If transfer is filed now in March, it is highly unlikely that it will remain pending in June, however if still remains pending by say mid-May, you can upgrade it to Premium so that you will get a decision before your trip.
    See above.
    This is my opinion and not legal advice.

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    • #3
      Thank you so much!

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      • #4
        What if stamping with B is rejected in India ? Can I go for stamping with A company in India?

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        • #5
          If A's petition is valid and if you intend to work for A.
          This is my opinion and not legal advice.

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