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Going to H1B stamping immediately after returning from US (with B1 status)

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  • Going to H1B stamping immediately after returning from US (with B1 status)

    Hi all,
    I need help to complete H1B-DS160 form and to attend the H1B visa stamping interview.
    (I hope everyone is aware of the differences between H1B petition and H1B visa)

    I have valid H1 peition, from my past employer X in India, I worked in US-H1B visa for few months for Employer X and returned back to India and resigned my job with Employer X.

    I got a new job in india and I joined the Employer A in india. Employer A helped me getting a B1B2 visa. The Employer A sent me onsite to the client place in US in B1B2 visa. While I was in US, by chance, I got an offer from another new mid-size Employer B (an US based company does not have offices in India). Also note that the new Employer B (who gave the offer while I was in US) does not know that I am employed with Employer A in india, as I informed Employer B that I came to US in B1B2 visa to attend few interviews in US, as I already have valid H1. Employer B processed by H1 in premium mode while I was in US with B1B2 status. In the meantime, I returned from US (after spending 6 weeks in US) to India. The new H1 petition got approved recently by the time I reached india. . Now the new employer B, wants me to go for H1B visa stamping immediately.

    1. After returning from US (from B1B2 status), I am currently continuing my job with Employer A in india, so to go for stamping,
    1a. should I mention the currently employer is Employer A(India based) in the H1B-DS160 form? or
    1b. should I mention the current employer as my immediate past employer in H1B-DS160 form?
    1c. Earlier when applied for B1B2 visa, I mentioned the current employer is Employer A (india based), so Should I mention the current employer details (as Employer A) truely in the H1B-DS160 form ?
    1d. I dont know which one (among 1a, 1b) to use in H1B-DS160 form, so During the interview, how to answer if visa office questions about all the above 1a or 1b cases.
    1e. any chances of rejection of my visa or will the office ask me any more documents?

    2. If I mention my new Employer B in the H1B-DS160 form, should I mention the relation between me and the new Employer B as US petitioner or new employer? Will the Visa officer would concerned about this relation between me and the new Employer B, who gave the job offer?

    3. I think, that job search while in B1B2 status is illegal, During H1B visa interview, will the visa officer, question about my 'job search' while I am in B1B2 status in US for Employer A? If so, how to convince the visa officer?

    4. What could be the difficult questions, the visa office will raise to me during the interview?

    Let me know If anyone had already been in my situation, please help.
    thanks Vishal.

  • #2
    Going to H1B stamping immediately after returning from US (with B1 status)

    If your H1 visa stamped in the passport is still valid, you don't have to go for a stamping again.

    That's the best route as it will help to clear all your questions when you go for stamping next time after joining your new employer.

    This is my opinion.

    Comment


    • #3
      Originally posted by kadkhiq81 View Post
      If your H1 visa stamped in the passport is still valid, you don't have to go for a stamping again.

      That's the best route as it will help to clear all your questions when you go for stamping next time after joining your new employer.

      This is my opinion.


      I think, since I have changed my employer from X to A, in india, my H1B visa though valid, it is illegal to use to enter US.

      Comment


      • #4
        Going to H1B stamping immediately after returning from US (with B1 status)

        Your thinking is wrong and it's not an illegal.

        This is my opinion.

        Comment


        • #5
          Hello, Vishal.

          Your current employer is the Indian company (A). The place where you are currently working.

          About the rejection, no one can guarantee the outcome. What one can do is, Try.

          If asked about interview on B1/B2 - you could say that the interview happened over Phone / Skype recently. And not when you were in USA. I hope the Appointment Letter carries no mention of physically meeting you or when did they meet you. If it does, then alter your story accordingly.

          As regards stamp on the passport. If you already have a valid H1B stamp on your passport and you have an approved I797 from Employer B of USA, i think, you are ok to travel on the old visa stamp. When you enter USA, show the I797 at the Port of Entry (POE) to the Immigration Officer and you should be good.

          Personal Opinion.

          I hope this helps.

          Cheers,





          Originally posted by vish2 View Post
          Hi all,
          I need help to complete H1B-DS160 form and to attend the H1B visa stamping interview.
          (I hope everyone is aware of the differences between H1B petition and H1B visa)

          I have valid H1 peition, from my past employer X in India, I worked in US-H1B visa for few months for Employer X and returned back to India and resigned my job with Employer X.

          I got a new job in india and I joined the Employer A in india. Employer A helped me getting a B1B2 visa. The Employer A sent me onsite to the client place in US in B1B2 visa. While I was in US, by chance, I got an offer from another new mid-size Employer B (an US based company does not have offices in India). Also note that the new Employer B (who gave the offer while I was in US) does not know that I am employed with Employer A in india, as I informed Employer B that I came to US in B1B2 visa to attend few interviews in US, as I already have valid H1. Employer B processed by H1 in premium mode while I was in US with B1B2 status. In the meantime, I returned from US (after spending 6 weeks in US) to India. The new H1 petition got approved recently by the time I reached india. . Now the new employer B, wants me to go for H1B visa stamping immediately.

          1. After returning from US (from B1B2 status), I am currently continuing my job with Employer A in india, so to go for stamping,
          1a. should I mention the currently employer is Employer A(India based) in the H1B-DS160 form? or
          1b. should I mention the current employer as my immediate past employer in H1B-DS160 form?
          1c. Earlier when applied for B1B2 visa, I mentioned the current employer is Employer A (india based), so Should I mention the current employer details (as Employer A) truely in the H1B-DS160 form ?
          1d. I dont know which one (among 1a, 1b) to use in H1B-DS160 form, so During the interview, how to answer if visa office questions about all the above 1a or 1b cases.
          1e. any chances of rejection of my visa or will the office ask me any more documents?

          2. If I mention my new Employer B in the H1B-DS160 form, should I mention the relation between me and the new Employer B as US petitioner or new employer? Will the Visa officer would concerned about this relation between me and the new Employer B, who gave the job offer?

          3. I think, that job search while in B1B2 status is illegal, During H1B visa interview, will the visa officer, question about my 'job search' while I am in B1B2 status in US for Employer A? If so, how to convince the visa officer?

          4. What could be the difficult questions, the visa office will raise to me during the interview?

          Let me know If anyone had already been in my situation, please help.
          thanks Vishal.
          These are my personal thoughts. I am not a professional.

          Wishing you luck.

          Comment


          • #6
            Originally posted by Nattybone View Post
            Hello, Vishal.

            Your current employer is the Indian company (A). The place where you are currently working.

            About the rejection, no one can guarantee the outcome. What one can do is, Try.

            If asked about interview on B1/B2 - you could say that the interview happened over Phone / Skype recently. And not when you were in USA. I hope the Appointment Letter carries no mention of physically meeting you or when did they meet you. If it does, then alter your story accordingly.

            As regards stamp on the passport. If you already have a valid H1B stamp on your passport and you have an approved I797 from Employer B of USA, i think, you are ok to travel on the old visa stamp. When you enter USA, show the I797 at the Port of Entry (POE) to the Immigration Officer and you should be good.

            Personal Opinion.

            I hope this helps.

            Cheers,
            thanks for all of your responses. Hope I will get the stamp.

            Comment

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