H1B stamping date before validity as per Form I-797

[jk_consultant]

I was working for employer A and recently switched to employer B who filed for an H1B transfer.

The transfer was approved and the validity as per Form I-797 is from Dec 14th, 2009 to September 30th, 2012.

I am going to India for my wedding and will be going for my H1B stamping (my original H1B stamp expired on September 2009 - first 3 years of H1B - hence I need to go for re-stamping to reflect the new date, Sept 2012) along with my wife for her H4. Our visa date is on Nov 27th , 2009 , which is before the validity period begins Dec 14th, 2009 as per I-797.

Will this be a problem? Please advice.

[shervin143]

No issues.

[jk_consultant]

thanks Shervin

A little followup to my question.

My visa stamp from Company A expired on September 25, 2009 (first 3 years of H1B). I left company A in September as I had an offer from company B.

The H1B petition from Company B was approved by USCIS in October and the H1B transfer petition from Company B was filed late October.

The approved I-797 form shows the "receipt date of October 30th" and notice date of Nov 3rd.

Was it ok for me to have started working for company B from first week of October even though the receipt date is October 30th? Because I did and I have paystubs from them which I was planning to show if asked at the visa appointment as proof of employment with Company B.

Will that cause any problem?

[shervin143]

I am not sure if I followed your question correctly. Forget about visa, since it is only for entering U.S. Was the transfer to Company B filed before the expiration of your I-94? If you have started working for Company B under their payroll before the transfer petition is filed, then that is a problem. Once the transfer is filed, then you can legally work for Company B without having to wait for the actual approval to come.