Multiple I-797 form for Visa immigration on H1B

[josh0072000]

I m from India and US employer(ABC) file my H1b Visa and its been stamped now with ABC employer.
Currently i m in India only but another US employer(XYZ) want to file my petition (I-797).
So below are the queries:-


1-Can i have two I-797 and is its is legal to have this?
2-What is the processing time for getting I-797 getting approved if i have a valid H1b Visa
and i have't travel to USA yet on H1b visa status?
3- Even if that is under processing or approved or denied status, can i travel to USA from my another
I-797 (ABC)employer.
4-Do I need to transfer the visa(to XYZ Employer) in this case or not, when i m in India and payroll is not
yet started( for ABC employer)?s
5-Will my previous employer(ABC) I-797 will get cancelled if i will have another I-797 from another employer?
7-Can i travel to USA with ABC employer , if my another(WYZ) I-797 is applied or in another status?

[kadkhiq81]

Multiple I-797 form for Visa immigration on H1B

1. You can have multiple H1 petitions but you should work for one employer at any given time.

2. Processing time differs based on whether the application have submitted as a regular or a premium as you are already cap exempt. Nothing to do with your current status.

3. Over all, You can travel to US if you have a valid visa and an approved h1 petition. If you want to change employer even before come to the US, you can do that as well and you don't have to have payslips to do that as your status start only when you are here.

I guess, you are too much confused. Just plan accordingly and do not waste other employer money and time if you decide not to join them. Don't complicate and Just plan wisely.

This is my opinion.

[josh0072000]

1. You can have multiple H1 petitions but you should work for one employer at any given time.

2. Processing time differs based on whether the application have submitted as a regular or a premium as you are already cap exempt. Nothing to do with your current status.
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3. Over all, You can travel to US if you have a valid visa and an approved h1 petition. If you want to change employer even before come to the US, you can do that as well and you don't have to have payslips to do that as your status start only when you are here.

I guess, you are too much confused. Just plan accordingly and do not waste other employer money and time if you decide not to join them. Don't complicate and Just plan wisely.

This is my opinion.

Thanks !!!

You are right i m really confused as due to lack of knowledge on H1B visa process.
So what i understand is , i can have multiple H1B petition.
Referring to my Point 4, if i entered in US, with another petitioner(XYZ), do i need to transfer H1b Visa in that case, as H1b Visa with original petitioner (ABC) is already approved and stamped.please advise.

[kadkhiq81]

Multiple I-797 form for Visa immigration on H1B

No way and you cannot enter without any approved petition for that employer.

Basically nothing get transfer and your new employer would just apply a new application using the CAP that was already approved with your current petition. People using the term as "Transfer"

I meant in my earlier post that, if u need to apply transfer if you are in the US, then you have to show latest three months pay slip to apply for that. In your case, it is not needed, as you have never travelled to this US.

Hope this helps.

[josh0072000]

No way and you cannot enter without any approved petition for that employer.

Basically nothing get transfer and your new employer would just apply a new application using the CAP that was already approved with your current petition. People using the term as "Transfer"

I meant in my earlier post that, if u need to apply transfer if you are in the US, then you have to show latest three months pay slip to apply for that. In your case, it is not needed, as you have never travelled to this US.

Hope this helps.

Yes , that really help me alot.
Thanks !!!
1 quick question, as you said "your new employer would just apply a new application using the CAP that was already approved with your current petition", so for this, do i will again have to go US embassy in India for new employer (XYZ) stamping as currently my visa is stamped with older employer (ABC) name in my passport(H1B Application) before travelling to US.
Your view please?

[kadkhiq81]

Multiple I-797 form for Visa immigration on H1B

There are 3 different things that one should know.

1. H1 Petition : it's an authorization for an employee to work for that employer. You cannot work for any employer without approved petition.

2. H1 Visa : it's again an authorization to travel to the US. You should have a valid visa to travel to the US and it does not matter which employer name on it. At the POE, they would check your approved petition for the employer that you are going to work and your valid visa.

3. I 94 : every time, When you enter the country, You will get a new I 94 based on the visa expiry date. (Mostly your I 94 expiry date would **0 days of your valid visa expiry date). That would tell how long you can stay in the country. If you would like to continue without leaving the country even after I 94 validity, then you have to apply for H1 Extension of Stay. You would get approved h1 and new I 94 based on the duration of that approved h1 extension petition.

If you leave the country anytime after that, you have to go for visa stamping to enter into the US again.

Hope you can find the answer in between.