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H1-B question for gurus. Please help.

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  • H1-B question for gurus. Please help.

    Hi,

    My 2nd term on H1B started in August 2004 and it expires in June 2007. I've got the H1B stamp valid upto June 2007 on my passport. I'm going to India for 3 months on a business trip (company project ) next week. However, our company has announced a round of layoff and my job might be terminated while I'm there in India. So I have few doubts about certain options:


    1) Can I apply for H1B transfer to another company right now before leaving for India and still work for my current employer? Will my current I-797 be still active? To be specific, can I hold two H1Bs active at a time without my current employer being aware of it?

    2) If I apply for H1B transfer right now then can I leave United States while that transfer is in progress i.e just after it is received by INS?

    If the answers to the above questions is yes then please read:

    3) If I get laid off by my current employer while I'm in India and assuming that they keep me on payroll for 1 month then can I come back on my current employer's I-797 during that 1 month? or will it cause any problems at the port of entry?

    4) If I get laid off by my current employer while I'm in India then I would like to explore Indian job market for 3 months before trying to come back. So, can I come back on my new employer's I-797 after like 3 months and even though my H1B stamp on my passport is for my current employer? OR should I have to redo my H1-B stamp on passport with my new I-797 for the new company? Will an I-797 for an employer different than the H1B stamp on passport cause any problems at the port of entry, even though I've the pay stubs, offer letter for the new employer?

    An immediate reply would be appreciated.

    Thanks in advance.

  • #2
    Answers

    1)YES

    2) YES

    3) NO. You shud have a new visa

    4) YES. You shud get the new visa stamped when u enter after your new approval.

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