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H1b Stamping On Current Employer Petition When A New Employer Has A Approved Petition

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  • H1b Stamping On Current Employer Petition When A New Employer Has A Approved Petition

    Hello,

    In October 2006 I joined COMPANY A and is working with them currently. The H1B Visa expiration for the H1B filed by COMPANY A is September 2009. I am planned to Visit India from November 5th to December 1st. I will be entering in USA on December 2nd, 2007. As my old Visa stamping is expired, I have scheduled interview appointment with US consulate on November 2007 based on H1B petition filed by COMPANY A.

    In September 2007 I was interviewed by COMPANY B and they filed for premium processing of my H1B. As of now they have received an email from INS stating that my H1B petition has been approved. They have forwarded me copy of the same. However they have not yet received approved copy of I-797. They are expecting to receive the same by October 27th. I can not wait as I have to submit the initial documents to Mumbai Consulate 5 days in advance of appointment. I am planning to Join COMPANY B on December 10th.

    I have not yet resigned from COMPANY A. I am planning to do the same once I arrive in USA on December 2007.

    Following are my questions:
    1. As COMPANY B is also having my approved petition (Just recently approved with No I-797 yet in hand), is it OK if I go to Mumbai consulate and get my Visa stamped for the petition filed by COMPANY A as they are my current employer.

    2. Do you expect any queries from US Consulate Mumbai for my H1B petition from COMPANY B during the interview for stamping with COMPANY A petition?

    3. If I plan to stamp get my Visa stamped with petition from COMPANY B H1B petition (Subject to I-797 being available) What should I enter in the field of current employer in form DS-156 as I am still working for COMPANY A.

    4. What kind of question I may get when I enter in US on December 2nd as there is also a petition approved by COMPANY B?

    5. I have a fully functional house here in USA and a denial in Visa stamping can mean a lot to me. What would you recommends as a safe action plan to avoid any issues?

    6. Do you think I would be better off cancelling my Vacation and staying in USA till I join the new employer?

    Thanks in advance.

    AK

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