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Valid stamped H1B Visa from Company A and Approved Petition from Company B.

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  • Valid stamped H1B Visa from Company A and Approved Petition from Company B.

    Hi,

    On Nov 2012, I joined Company A (Direct Client Full Time) in USA.
    On March 2013, i came to India and got my Visa Stamped. Visa is valid till Nov, 2015.
    In Jan 2014, Due to personal reason, i resigned from Company A and came back to India.

    Now Company B (Consulting Firm - EVC mode of employment) transferred my H1B. I received approved I-797 for it.

    Company B is very small consulting firm, at times they are pushy. They want me in US immediately. So need expert advise on below immigration issues.

    1. To travel to US, do i need to go for Stamping. Company B advised that since my visa from Company A is not expired (valid till Nov, 2015), i can use that stamped visa and approved I-797 from Company B to enter US. But Company A would have already revoked my old visa by now for sure. so Is it legally allowed to travel like Company B Advised ?
    2. At POE, Company B advised me to mention that i am going to work for Company B. since my stamped visa on Passport has Company A name, Doesn't it sound like a conflict ?
    3. My wife has stamped H4 based on my H1B from Company A. can she travel with me, with out going for re stamping ? Her H4 is also valid till Nov 2015.

    Please advise if this situation is something complex and must require legal advise.

    Thanks
    Last edited by kvt; 06-19-2015, 11:53 AM.

  • #2
    1. To travel to US, do i need to go for Stamping. Company B advised that since my visa from Company A is not expired (valid till Nov, 2015), i can use that stamped visa and approved I-797 from Company B to enter US. But Company A would have already revoked my old visa by now for sure. so Is it legally allowed to travel like Company B Advised ?
    >>> You can do that. Company A cannot revoke your visa stamped in your passport. They might have revoked their petition which has no impact in your case.

    2. At POE, Company B advised me to mention that i am going to work for Company B. since my stamped visa on Passport has Company A name, Doesn't it sound like a conflict ?
    >>> No. At POE, you should provide Company B's approval notice and mention that you will be working for Company B. This is not an issue.

    3. My wife has stamped H4 based on my H1B from Company A. can she travel with me, with out going for re stamping ? Her H4 is also valid till Nov 2015.
    >>> Yes, she can travel. No need to get the visa stamped again.
    Not a legal advice. Use of this information is strictly at your own risk.

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