H1b transfer while in INDIA

[vamshi890]

I have gone through related question in the forum,but didnt find the answers for few of the below questions.

My H1b visa got stamped from company A(consulting company) in Dec 2015 and valid upto 2018.I have not travelled to US ever.

I am currently working in INDIA for company B.After i resigned the company B stating that i would be travelling to US on H1b,they said that they would initiate h1b transfer and send me to US.As company B is one of the top US companies and its a permanent position with the company,i am inclined to go with B.

My questions are:

1. If for some reason,h1b transfer petetion is rejected,can i still travel with company A visa and work,if the company A has not revoked the petetion?

2.if for some reason(may be due to delay in h1 transfer),i changed my mind and want to work with company A,can i still travel to US with Company A Visa,while the h1 transfer petetion with B is still in progress?will there be any issues in this case?

3.After travelling to US with company A,if the h1 transfer is approved ,can i work for company B.

[raghvi]

I have gone through related question in the forum,but didnt find the answers for few of the below questions.

My H1b visa got stamped from company A(consulting company) in Dec 2015 and valid upto 2018.I have not travelled to US ever.

I am currently working in INDIA for company B.After i resigned the company B stating that i would be travelling to US on H1b,they said that they would initiate h1b transfer and send me to US.As company B is one of the top US companies and its a permanent position with the company,i am inclined to go with B.

My questions are:

1. If for some reason,h1b transfer petetion is rejected,can i still travel with company A visa and work,if the company A has not revoked the petetion?

2.if for some reason(may be due to delay in h1 transfer),i changed my mind and want to work with company A,can i still travel to US with Company A Visa,while the h1 transfer petetion with B is still in progress?will there be any issues in this case?

3.After travelling to US with company A,if the h1 transfer is approved ,can i work for company B.

1. Yes, as long as their petition is valid and the job offer stands.
2. Yes you can travel for A, Dont see any issues with that.
3. The transfer has to be approved with a I-94. The transfer applied by B while in India would have been applied as a consular process, so if you in US by the time B's transfer approves, it will have to be amended to get an I-94 and approved before you can begin working for B, or you can exit and re enter using B's petition.

This is my opinion not legal advice.

[vamshi890]

Few more questions..

1. Yes, as long as their petition is valid and the job offer stands.
2. Yes you can travel for A, Dont see any issues with that.
3. The transfer has to be approved with a I-94. The transfer applied by B while in India would have been applied as a consular process, so if you in US by the time B's transfer approves, it will have to be amended to get an I-94 and approved before you can begin working for B, or you can exit and re enter using B's petition.

This is my opinion not legal advice.

Thanks Raghavi for the clarifications.very helpful.can you please also clarify few other questions.

1. Port of entry for company A is X,If i travel to work for Company B on Company A visa,should i enter US at port X and show the approved petetion from Company B OR Can i enter the location of Company B and show the approved petetion from company B.sry if it is a silly question

2.if i work for company B while travelled on Company A visa,will there be any issues when i travel to INDIA and return back to US?should i go for Visa stamping again?

[raghvi]

Thanks Raghavi for the clarifications.very helpful.can you please also clarify few other questions.

1. Port of entry for company A is X,If i travel to work for Company B on Company A visa,should i enter US at port X and show the approved petetion from Company B OR Can i enter the location of Company B and show the approved petetion from company B.sry if it is a silly question

2.if i work for company B while travelled on Company A visa,will there be any issues when i travel to INDIA and return back to US?should i go for Visa stamping again?

1. Its always advisable to have the POE as the one listed in I129 of the I797 on plans to show at POE . A I129 approval results in a I797, so if you going to show A's I797 then go as per A's I129, if you going to show B's I797 then have POE as in B's I129.
2. Dont see any issue. Visa though having employer name on it, is not tied to the employer.

This is my opinion not legal advice.

[vamshi890]

Thanks very much!!

1. Its always advisable to have the POE as the one listed in I129 of the I797 on plans to show at POE . A I129 approval results in a I797, so if you going to show A's I797 then go as per A's I129, if you going to show B's I797 then have POE as in B's I129.
2. Dont see any issue. Visa though having employer name on it, is not tied to the employer.

This is my opinion not legal advice.

Thanks very much raghavi for quick reply.Very helpful.