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H1B visa transfer and extension - help needed!

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  • H1B visa transfer and extension - help needed!

    I am going to be changing employers and expect to resign from my present job within the next week, and am currently on an H1B visa. My new employer has filed for an extension of status and transfer, as my current visa expires on Sept 1st, 2015. My old / present employer will be keeping me on their payroll for the next 30 days, because that is my non compete / notice period. My question is:

    1) I want to travel to my home country (I am a Hong Kong resident, and have previously applied for and received my H1B stamp in Hong Kong successfully) and apply for a new visa stamp over the next month, once my petition is accepted and I have all the required paper work (my petition was filed using premium processing, and so I expect to have the accepted petition back by September 1st if everything goes according to plan). I have an offer letter from my prospective employer, but no pay stubs as I would not have started working for them in my time off (my start date is around September 15th). I think applying for my visa stamp in Hong Kong should not be a problem, but I am worried that there will be an issue at immigration when I fly into the US, because I would still technically be listed under my old employer's payroll but would be trying to enter the US using a visa stamp on my passport for the new employer. Does anyone have any insight into this, and does this present a problem?

    2) If the above is a problem, I will have to get my passport stamped at a later date once I leave the country and am working for the new employer, which would limit my travel plans, as from what I have read, it seems that I can only get my passport stamped from my home country (Hong Kong), Mexico, or Canada as they accept applications from third country nationals. Is this correct, or would I be able to apply for a visa stamp regardless of where I travel to? If I choose Canada, I would need a visa for this as I am an Indian citizen. Would I be able to apply for a Canadian visa with an expired visa stamp in my passport? Would this expired stamp affect Mexico as well?

    Understand that this is a complicated situation, so any help at all is greatly appreciated!

    Thanks.

  • #2
    Once you leave the US your H1B status ends. You don't need to get paid and show evidence of that once you are out of the US. There is nothing complicated here, in fact you are quite fortunate that your current Visa expiry, job end date and travel plans are so well aligned.
    This is my opinion and not legal advice.

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    • #3
      Originally posted by kabkaba View Post
      Once you leave the US your H1B status ends. You don't need to get paid and show evidence of that once you are out of the US. There is nothing complicated here, in fact you are quite fortunate that your current Visa expiry, job end date and travel plans are so well aligned.
      Thanks. But will there be a problem once I go through immigration at entry in the US given that I will still be on my previous employer's payroll? (yet entering with an H1B sponsored by my future employer?)

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      • #4
        Once you leave U.S, you are under no employer's payroll since you are no longer in H1B status when you are outside U.S. When you re-enter, you have the option to use your previous employer's approval notice or the new employer's approval notice at the POE. Your I-94 will be issued based on whichever employer's approval notice you show at the POE and you should be working only for that employer. So you cannot use Employer A's approval notice at POE and begin working for Employer B. You can however use any valid H1B visa stamp on the passport to enter U.S (Irrespective of whichever employer's name is printed on the visa).

        Originally posted by nehaj1990 View Post
        Thanks. But will there be a problem once I go through immigration at entry in the US given that I will still be on my previous employer's payroll? (yet entering with an H1B sponsored by my future employer?)
        Not a legal advice. Use of this information is strictly at your own risk.

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        • #5
          It does not matter who pays you while you are outside the US. Once you return, you can get paid by only 1 employer and that has to be the employer whose approval notice you showed at POE. Again, there is nothing complicated here, you are unnecessarily concerned.
          This is my opinion and not legal advice.

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