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Visa
H1B, H4 Visa
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H1B transfer while in India
Hello there,
My visa status got changed from F1-OPT to H1B last year i.e 2015 and I am currently with employer A's H1B and never got a chance to get the H1B visa stamping done. Recently I got a full time opportunity from employer B and they have started to prepare my petition for H1B transfer. Also I had to travel to India due to a personal emergency couple of days ago(right now I am in India) and told Employer B that I will come back to US on their company's visa stamping. When I consulted employer B to have an update on filing status, they informed that they are going to file the transfer petition in premium processing late this week or early next week.
I did not inform my current company i.e Employer A about the H1b transfer since I don't have the receipt in hand yet. In fact my current employer knows that I am going to come back to US on their company's visa stamp. I have the form I797A (with attached I94) expiring in Sep,2018 and all the other supporting documents required for visa stamping from employer A. So here are my questions:
1. When is the right time to inform my current employer that I am gonna quit and come to US on Employer B's visa stamping.
2. Since employer B is filing my transfer when I am in India, I believe I will get approval notice without the I94 attached to it. Will this be a problem when I attend visa interview on employer B's H1B or at the POE(except I receive a new I94).
3. If at all I change my mind and doesn't want to join Employer B after H1B transfer aprroval, Can I still go for stamping on Employer A and come to US and work for employer A.
4. Can I get the visa stamped on employer A and enter United states and work for Employer B(on whose approval notice there is no I94) or do I need to go out of US again and get a new I94 card.
5. Since I haven't worked for employer B I don't have any paystubs from them. Is it ok to show employer A's paystubs during visa interview.
Pls let me know If you have any other safest route to tackle this situation.
Appreciate your time and time response.
Thank you in advance!
My visa status got changed from F1-OPT to H1B last year i.e 2015 and I am currently with employer A's H1B and never got a chance to get the H1B visa stamping done. Recently I got a full time opportunity from employer B and they have started to prepare my petition for H1B transfer. Also I had to travel to India due to a personal emergency couple of days ago(right now I am in India) and told Employer B that I will come back to US on their company's visa stamping. When I consulted employer B to have an update on filing status, they informed that they are going to file the transfer petition in premium processing late this week or early next week.
I did not inform my current company i.e Employer A about the H1b transfer since I don't have the receipt in hand yet. In fact my current employer knows that I am going to come back to US on their company's visa stamp. I have the form I797A (with attached I94) expiring in Sep,2018 and all the other supporting documents required for visa stamping from employer A. So here are my questions:
1. When is the right time to inform my current employer that I am gonna quit and come to US on Employer B's visa stamping.
2. Since employer B is filing my transfer when I am in India, I believe I will get approval notice without the I94 attached to it. Will this be a problem when I attend visa interview on employer B's H1B or at the POE(except I receive a new I94).
3. If at all I change my mind and doesn't want to join Employer B after H1B transfer aprroval, Can I still go for stamping on Employer A and come to US and work for employer A.
4. Can I get the visa stamped on employer A and enter United states and work for Employer B(on whose approval notice there is no I94) or do I need to go out of US again and get a new I94 card.
5. Since I haven't worked for employer B I don't have any paystubs from them. Is it ok to show employer A's paystubs during visa interview.
Pls let me know If you have any other safest route to tackle this situation.
Appreciate your time and time response.
Thank you in advance!
All Replies (5)
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