Seniors - Please help me to choose right path.

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Hi All,

I have applied for H1 in 2008 quota through YYYY and got approval for the same. I have B1 visa, which was stamped in 2006.

In 2007 quota i have applied H1 through YYY and that did not work because they could not provide all the documents for interview and i have end up with query (221 G Blue). I have lost all my hopes on that H1.

So I thought of going with new employer in 2008 and after successfully applying for H1 through YYYY in 2008 April first week, to my surprise i got reply from Consulate to submit passport as reply to my query answer. Got H1 visa stamped along with H4 for my wife.

And the first employer (YYY) turned out to be a **** one and not in a position to provide/help in searching for a job and even not ready to provide accomdation till i get a job. One of my friends is already suffering in US.

New employer (ZZZ) is suggesting me to come to US on B1 and apply for COS or extend 1-94 and take the H1 interview for new approval in canada/mexico. Is this case preferable?

So now I have got

• H1 stamped (2007) of YYY
• Approved I-797 from YYYY 2008) and
• B1 visa valid for next 9 years

So please suggest me which case to choose now to come to US.

• Case 1: Go to US with already stamped H1 and apply for H1 transfer to YYYY after landing in US. I think in this case the new approval is not needed.
  
• Case 2: Go to US with B1 and apply for COS/extend I-94 from B1 to H1 which is approved in 2008. Is it preferable, what if something goes wrong in Canada/Mexico as my case is complicated (already holding H1)just in case.
  
• Case 3: Apply for H1 transfer from YYY to YYYY in India and go to US with YYYY H1. I dont think how far this will work out.
  
• Case 4: Attend visa interview again in chennai with 2008 quota approved 1-797 and land in US. Will it be a problem facing interview due to complications developed in my case.(attending for H1 visa interview with already having a valid H1)
  
• Case 5: Go to US with old visa (with new employment letter from YYY)and with also new approval from YYYY - I dont know how this will work out.

Seniors, Please guide me explaining pros and cons of each case .

Thanks,
Sundeep

[orion]

Whats the problem? Old employer YYY in 2007 was a ****. You found a new one YYYY in 2008 and got H1 and H4 stamped. So why do you now want to enter on B1? xfer visa etc etc?

am I missing something? Either your post is confusing, or may be I dont have patience to put in amy more time reading it.

[txh1b]

OP got the stamp using YYY and now wants to enter and work for YYYY if I read it correctly.

OP, your plan is too complicated without a need for it. You can just enter with new employer I797 and with visa from YYY. I'm not sure why you had to plan so much crap like entry on a B1, COS etc.

[C4us]

New employer (ZZZ) is suggesting me to come to US on B1 and apply for COS or extend 1-94 and take the H1 interview for new approval in canada/mexico. Is this case preferable?

It looks like his new employer is also a fraud to suggest he enter on B1 and do COS rather than do it the correct way ands enter on approval notice and stamping.

[DMX17]

The cases (1 through 5) presented in the OP makes me want to not read them. Instead of giving a multiple-choice test, it would have been nice to give open-ended questions.

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Thanks all - Please reply!

Thanks all for your time and sorry for the confusion created in my original post with so many options.

I have the visa with YYY company and wants to come US to work with ZZZ.

Thanks Txh1b for your answer...
But How can i work for YYYY company by entering US with YYY visa and with YYYY approval? What is the procedure to convert the visa from YYY to YYYY to be on payrolls of ZZZ. H1 transfer or wht's the next step..

i am confused how to go ahead after coming to US ... Please guide me

And what will be the case of my wife, can she also enter on her H4 of YYY - when i want to work for YYYY company. Or she needs to wait till i join YYYY and attend H4 again?

Seniors - Please clarify these also...

Is B1 to H1 COS not a legal option? Is it not preferable (My new employer was suggesting this as one of the options and i will not dare if it's not lega)

Is it possible to apply for H1 transfer from YYY to YYYY while i am in India and go to US with YYYY H1.

Thanks all again!

Sundeep

[txh1b]

Educate yourself about the H1b FAQs.

https://www.immihelp.com/h1-visa-faq/

The visa for any employer can be used to enter along with a valid I797 of the employer you wish to work for and other documents like offer letter etc. Stop complicating things for yourself.

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Thanks txh1b! Please reply.

I have gone through the FAQs and i felt like in one shot all my problems are solved. Thanks a lot!

One last thing... Documents requried to carry while going to US?

While going to US, I think i have to carry old visa + new approval and latest employment letter from new employer.
Or
Do i need to carry latest employment letter (as i got my Visa in April 2008) from my old employer instead from new employer? I can't get this from old employer when i want to join new employer....

And what will be my situation if my old employer cancels my H1? Please reply.

Thanks,
Sundeep

[txh1b]

THE FAQ also answers these questions.

Why in the world would you need employment letter of old employer when you enter if you plan on joining new employer? You need the approval I797 and everything related to new employer only and old employer is out of picture.

Employer can cancel their H1b petition but not your visa.

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Thanks Senior!

Thanks for the info!