Visa extension, H1 Transfer and Current Visa expired

[chandra3777]

Hi,

I am really confused with all the posts that i have gone through in this forum, some of them are succeeded and some were not.

Here is my situation

1.I am working with employer A (Indian company) deputed to clients place USA in 2006.

2.Visa expired on Sep2007 and got extension aproval and new I-797 valid till Sep 2010.

3.Now my project is going to end by this month end i,e Jan 30 2009 and my company is asking me to go back to India and work from there.

4. I applied for H1 transfer with company B under Premium procesing this week, waiting for the receipt and approval.

5. Can i go back to India by this month end as per my company A and get the stamping done in India with new I-797 once i got the approval coz i dont have Visa stamped after extension.

6.If i go back to India , If my company A is willing to send me back in couple of months then can i go with company A documents for Visa stamping?

It has been long time since i visited India. Your suggessions will be highly appreciated.

[Subramanya]

I am really confused with all the posts that i have gone through in this forum, some of them are succeeded and some were not.

Here is my situation

1.I am working with employer A (Indian company) deputed to clients place USA in 2006.

2.Visa expired on Sep2007 and got extension aproval and new I-797 valid till Sep 2010.

3.Now my project is going to end by this month end i,e Jan 30 2009 and my company is asking me to go back to India and work from there.

4. I applied for H1 transfer with company B under Premium procesing this week, waiting for the receipt and approval.

5. Can i go back to India by this month end as per my company A and get the stamping done in India with new I-797 once i got the approval coz i dont have Visa stamped after extension.

---- If you go to India, on your return you should have a visa stamped on your Passport for entry to US

6.If i go back to India , If my company A is willing to send me back in couple of months then can i go with company A documents for Visa stamping?

---- You have to decide if you want to go with Company A or Company B. You seem to be wanting your feet both in company A and Company B. If company is sending you to India and you have applied for a transfer shows that you are wanting to continue in US. The promise by comapny A that they will let you back to US seems to be out of context. They are only exciting you

It has been long time since i visited India. Your suggessions will be highly appreciated

---- This is a personla matter for which you have to decide

Subramanya

[chandra3777]

Thank you

Thanks Subramanya,

I am willing to stay in USA for some reason, it was actually a sudden decision taken by my company A to down size onsite resources. I dont have enough time to think so i applied H1 transfer, i am willing to go with Company A expenses to India now and want to return after sometime.

Is there any trouble in going for stamping with Company B I-797 in India? coz i will be having Company A pay stubs till this month.

Also what will happen if my company A cancel my H1 after going there?

[Subramanya]

I am willing to stay in USA for some reason, it was actually a sudden decision taken by my company A to down size onsite resources. I dont have enough time to think so i applied H1 transfer, i am willing to go with Company A expenses to India now and want to return after sometime.

Is there any trouble in going for stamping with Company B I-797 in India? coz i will be having Company A pay stubs till this month.

---- That is not an issue as you would not have joined company B and not got any paystubs. However, on your return to US, you will have to work with company as your I-94 will be for company B

Also what will happen if my company A cancel my H1 after going there?

---- Nothing. You can no longer work for company A whilein the US

Subramanya

[chandra3777]

Thank you!!!

Subramanya,

Thanks for all your prompt replies. I really appreciate you and this forum.

One Last Question:

I have found in this forum someone saying not to travel while the visa transfer is in process. As per my company A i have to leave on 30th , If i didn't get the approval before 30th of this month, is there any harm travelling to India with out approval?

Is there any time limit with in that i have to go for stamping with new I-797 in India ?

What will happen if my H1 gets rejetced with employer B when i go for stmping in India, can i use Employer A I-797 for stamping next time? (also vice versa)