Regarding My H1B Visa

[gurujeya]

Hello All,

I know this is the best place to get my questions answered:

I came to US on H1B visa from Employer A and the Visa is valid till Dec, 2013. I joined Employer B and transfered my H1B visa to employer B. My new Employer-B transfered and gave me new I-797 (petition) and the date mentioned is Jul, 2014. Now, i have plan to go to India by Aug, 2012. My new employer-B asks me to go for stamping if i go to Indai by Aug, 2012 because if my old employer - A files that am no more employed with them, it will be a problem at Port of entry in the US Airport. I have the following questions:

1) My first question is, whether Employer B transfered and extended my H1B? If its just only transfer, then why the date is Jul, 2014?

2) How can i come to US, if for some reason, my Stamping gets rejected?

3) Will US Counslate rejects even if my Visa from old employer - A is still valid?

4) Can i go to Canada for stamping? Which is better in my case India or Canada?

5) Can i still come with my OLD visa even if they reject?

I know, i am asking lots of questions but i am very much desperate in knowing these answers so that i can plan accordingly. I appreciate your response


Thanks
GK

[shervin143]

There is no need to get the visa stamped again. You can use the existing valid H1B visa in the passport (stamped with company A's name) along with the new employer's approval notice to re-enter U.S.

Transfer will come with a new petition expiry date as per work duration shown by the new employer. It can sometimes be for a duration lesser than what you have with company A and sometimes more.

If you go for visa interview, the first thing they will do is cancel the existing visa and then decide whether to issue or reject the new visa. You will not be able to re-enter U.S in H1B status without a valid H1B visa in the passport.

[gurujeya]

What if my Old employer- A files that am no more employed with them? Wont there be any issues?

[shervin143]

Yes, they can do that and as per law they are required to do that. Butthe employer can revoke only the petition that they have filed (with USCIS) and not the visa that you have got stamped in yruo passport (@ U.S consulate). So the visa will remain valid until its expiry date irrespective of whether the previous employer has revoikeed their petition or not. Only the consulate can revoke the visa. They will cancel the old visa when you appear for a new one.

What if my Old employer- A files that am no more employed with them? Wont there be any issues?

[gurujeya]

Ok thanks for your help. But is this mentioned in any USICS website? Just for safer side

[rvisak]

Ok thanks for your help. But is this mentioned in any USICS website? Just for safer side

I dont wish to speak for anyone but this forum is made of individual contributors who address queries based on their knowledge and experience...if you wish for advice that can be legally backed up I would say the best thing to do is consult an attorney

[azzi]

Travelling to India to get H1B stamp

I came to US on F1 visa in August 2011 and traveled back to India in May 2013 before I graduate.

I worked on OPT from August 2013 to September 2014, I'm working on H1B from october 2014 and I have my project till April 2016 . I'm with same client (it's state client) throughout and with EVC model. My H1b is valid till September 2017.

My mother is visiting me for July 2015 to Dec 2015, I'm planning to go back to India along with her in Dec 2015 to get my H1B visa stamped .

Is it advisable to travel along with my mother and after one year H1B is approved ?

Highly appreciated

[raghvi]

I came to US on F1 visa in August 2011 and traveled back to India in May 2013 before I graduate.

I worked on OPT from August 2013 to September 2014, I'm working on H1B from october 2014 and I have my project till April 2016 . I'm with same client (it's state client) throughout and with EVC model. My H1b is valid till September 2017.

My mother is visiting me for July 2015 to Dec 2015, I'm planning to go back to India along with her in Dec 2015 to get my H1B visa stamped .

Is it advisable to travel along with my mother and after one year H1B is approved ?

Highly appreciated

Dont see any issue with traveling with Mother and going for H1 1 year after it is approved. What you should probably be more careful about is getting the documentation around EVC model. So, carry enough documentation to prove employer employee relationship/client letter etc.

This is my opinion not legal advice.