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  • Help needed - H1 Transfer

    Experts,

    I am working for Client X through Company A for the past 3 months in US and my Passport has visa stamped till 2017 in Company A's name. I have initiated the H1 transfer to Company B in premium processing and waiting for the receipt number. Meanwhile I want to travel to India this 16th and planning to go directly to Company's B location in US while returning from India. Instead of resigning from Company A, I am planning to tell that I am going to India for urgent personal works and will be back after 3 weeks. I have the following doubts.

    1. While coming back to Company B's location, in immigration will it suffice if I show just the new I797 and old visa in passport without going to Stamping in India?
    2. For the two weeks in India my Company A will not pay me, in this case will I go in out of status? and will it cause any issue when I come back without new stamping?
    3. Will it suffice if I show just the scanned copy of new I797 in the immigration of company B's location? or original approved copy should be shown?

    Your advice is appreciated

  • #2
    Originally posted by indpraveen.ji View Post
    Experts,

    I am working for Client X through Company A for the past 3 months in US and my Passport has visa stamped till 2017 in Company A's name. I have initiated the H1 transfer to Company B in premium processing and waiting for the receipt number. Meanwhile I want to travel to India this 16th and planning to go directly to Company's B location in US while returning from India. Instead of resigning from Company A, I am planning to tell that I am going to India for urgent personal works and will be back after 3 weeks. I have the following doubts.

    1. While coming back to Company B's location, in immigration will it suffice if I show just the new I797 and old visa in passport without going to Stamping in India?
    2. For the two weeks in India my Company A will not pay me, in this case will I go in out of status? and will it cause any issue when I come back without new stamping?
    3. Will it suffice if I show just the scanned copy of new I797 in the immigration of company B's location? or original approved copy should be shown?

    Your advice is appreciated

    1. Yes it should typically suffice, but make sure you have all associated documentation (client letter, SOW/MSA, if applicable).
    2. Out of status only if you are not paid while in US. Make sure you keep entry and exit record proof as they may be required in future it at all this 2 week no pay period comes into question.
    3. As you are avoiding a fresh stamping I would suggest you carry the original I797.

    This is my opinion not legal advice.

    Comment


    • #3
      Originally posted by raghvi View Post
      1. Yes it should typically suffice, but make sure you have all associated documentation (client letter, SOW/MSA, if applicable).
      2. Out of status only if you are not paid while in US. Make sure you keep entry and exit record proof as they may be required in future it at all this 2 week no pay period comes into question.
      3. As you are avoiding a fresh stamping I would suggest you carry the original I797.

      This is my opinion not legal advice.
      Thanks raghvi... Can you please clarify me on the below two too

      1. Will it be a problem if in POE I showed the scanned copy and tell the officer that my new I797 got approved when I was in India and I will be getting the original after visiting the Company only.
      2. In case while during my return to Company B's location, if my H1 Transfer is still in progress can I show my old I797 and enter into B's location ? Because my Company A's location is different. If so, what is the best reason we can give the officers in B's POE?
      Last edited by indpraveen.ji; 05-14-2015, 05:22 PM.

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