Need Help

[ssmnaidu]

I have valid H1B visa from MNC company (ex: ZZZ) and living in US from 2.6 years and my current employer asking me to go back India on March 23rd 2010.

I do have valid H1B petition from another consulting company (ex: YYY) issued on 2007 quota and petition end date is Nov 2010.

Now i decided to stay back in US and requested the consulting company (YYY) but they ask me to go back India and get stamped to come back instead of use their petition while I am in US.

My questions are:

1) Is it legal that one can stay in US with one Visa (ZZZ) and change company with another existing petition (YYY).

2) Since the existing petition from different company (YYY) is going to expire in Nov 2010, is it safe to go for stamping?

3) In worst case, if i want to transfer my MNC company visa (ZZZ) to some other company, how much time it will take to file H1B? since i have to go back by March 23rd to India.

4) Is it valid scenario that I apply transfer here with my current pay stubs and i go back to India and get stamped from there?

Appreciate your help.

Thanks & Regards
Naidu

[shervin143]

1) Is it legal that one can stay in US with one Visa (ZZZ) and change company with another existing petition (YYY).
>>> Yes.

2) Since the existing petition from different company (YYY) is going to expire in Nov 2010, is it safe to go for stamping?
>>> Yes.

3) In worst case, if i want to transfer my MNC company visa (ZZZ) to some other company, how much time it will take to file H1B? since i have to go back by March 23rd to India.
>>> You can file it any time. You can start working with the receipt notice which might take upto 1 week. However, you need to file the transfer before the last working day with the current employer.

4) Is it valid scenario that I apply transfer here with my current pay stubs and i go back to India and get stamped from there?
>>> Not advisable to travel outside the country when transfer is in progress. Once the transfer is approved, you can go out and get it stamped (if required). Visa is just an entry document. You can stay until the I-94 (That comes with the transfer) is valid without a valid visa.