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  • H1B Transfer

    Hi All,

    I have a strange situation.

    I came to US with H1B of company A. Then after 7-8 months i changed to company B. I am currently working for company B. I have a valid I94 from company B which i got when my transfer was done. But in my Passport i still have H1B of company A stamped, ie i have not yet stamped the H1B of company B in my passport.
    Now I have applied for a transfer of H1B to company C and continue to work in comany B.

    I have everything including Paystubs, I94s ( company A and B) etc and so far the case is a clean case.

    my questions are as follows:

    1. Can i continue to work in company B even after the H1B transfer to company C from company B?
    2. If i travel to India (ie out of US) before i start working for company C then do i have to comeback after stamping H1B of company B? Will there be an issue becuase i have already applied for a transfer to company C?
    3. Is it possible to cancel the transfer of H1b to company C from company B after the transfer is approved or before the transfer is approved. ( transfer is already filed and i have the reciept no).

    Your opinions and guidance in this will be very helpful.

    Have a great time.!!

    Cheers!!

  • #2
    Hi,
    If you have a valid H1B visa stamp on your passport, you can re-enter by showing the old stamp and the new approval, and proof that you are presently working for the employer whose I 797 you are presenting to the Immigration Officers at the POE. this can be in the form of a recent letter from the employer confirming your employment with them.
    VEENA
    (NOT LEGAL ADVICE)

    Comment


    • #3
      clarification needed to Veena's reply

      Hi Veena,

      So you are saying that while my passport has company A's stamping i can show company B's I94 and approveal and a letter from them saying that i am working for company B and re enter US without getting company B's stamping done in my passport. And if yes does this also hold true if transfer to company C is approved and the I94 issued?..Can i still say that i am working for Company B( which is true) show the I94 for company B and their official letter veryfying my employment and re enter US??

      Please clarify.

      Thanks

      Comment

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