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  • H1B Visa Transfer

    Hi All,

    I have some queries regarding rules for visa re stamping after getting an approved H1B Petition. I am already working in USA with company A and now got a new offer with company B. I have already got my H1B Petition transfer approved and my even my LCA for the company B. Now my current company A is asking me to return back to India to do the exit formalities before joining company B. In such a situation I really need some advice that shall I go back to India and get my exit formalities done and then Enter USA, If so is the case then do I require a visa Re-Stamping. Please also suggest what other problems I can have if i go for visa re-stamping or at the POE if I directly want to enter USA without re-stamping since m Current visa and I-94 is valid till August -2015. Note** My current company A will revoke my petition by this time.

    immediate replies would re really appreciated.

    Thanks in Advance..

  • #2
    Originally posted by sandip29 View Post
    Hi All,

    I have some queries regarding rules for visa re stamping after getting an approved H1B Petition. I am already working in USA with company A and now got a new offer with company B. I have already got my H1B Petition transfer approved and my even my LCA for the company B. Now my current company A is asking me to return back to India to do the exit formalities before joining company B. In such a situation I really need some advice that shall I go back to India and get my exit formalities done and then Enter USA, If so is the case then do I require a visa Re-Stamping. Please also suggest what other problems I can have if i go for visa re-stamping or at the POE if I directly want to enter USA without re-stamping since m Current visa and I-94 is valid till August -2015. Note** My current company A will revoke my petition by this time.

    immediate replies would re really appreciated.

    Thanks in Advance..
    From an immigration point of view your exit formalities etc with A are irrelevant. And even if A revokes the H1 you are good to work with B as B's petition is approved.
    I-94 anyhow you have to return as and when you leave US so it also does not hold much significance in case you decide to leave. Also, as your visa is valid till Aug-2015, you need not go for fresh stamping with B's petition till Aug 2015. Yes after Ug 2015 if you leave US you need to attend the interview to get a new Visa.

    As for "A" legally prosecuting you for not serving the notice period, would depend upon the initial offer letter/deputation letter that you signed with them upon coming over to US. The country where it was signed, etc. In India such conditions are difficult to enforce but depends how far the employer wants to pursue. Also, I doubt they will give you the relieving letter or would voluntarily do a final settlement.

    This is my opinion not legal advice.

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