H1B stamping in India while holding multiple approved I797 from different emploers

[Bom_kol1990]

Hi All,
I am in a situation where your inputs will be greatly appreciated.
Situation:
I am in US with employer A for last 3 years. My H1B visa got expired in March and my employer filed extension which got approved. I currently have the i797 form with new i94
Employer B has also filed a H1B which got approved.
Question:
I would like to travel to India now and come back and work for Employer A. Is it going to be an issue when I go for visa dropbox appointment for stamping?
Can I still join the Employer B after coming back to the US?

Thank you

[rkk09]

Hi,
Please see my response below.
I would like to travel to India now and come back and work for Employer A. Is it going to be an issue when I go for visa dropbox appointment for stamping?
Answer: It should not be a problem. But, When you go for stamping and come back, at the time of port of entry, If they found you have two approved H1B's, they may raise a question. Some people are sharing their experience saying, they got questions about this..
Can I still join the Employer B after coming back to the US?
Answer: It is very tough to Answer. What my understanding is, you will go for visa stamping with the help of Employer A Approval documentation and once you come back to the country, you will join to Employer B. If this is the case, I dont recommend to go for visa stamping with Employer A documentation. Just directly utilize Employer B documents for visa stamping.
Thanks

[Bom_kol1990]

Hi,
Please see my response below.
I would like to travel to India now and come back and work for Employer A. Is it going to be an issue when I go for visa dropbox appointment for stamping?
Answer: It should not be a problem. But, When you go for stamping and come back, at the time of port of entry, If they found you have two approved H1B's, they may raise a question. Some people are sharing their experience saying, they got questions about this..
Can I still join the Employer B after coming back to the US?
Answer: It is very tough to Answer. What my understanding is, you will go for visa stamping with the help of Employer A Approval documentation and once you come back to the country, you will join to Employer B. If this is the case, I dont recommend to go for visa stamping with Employer A documentation. Just directly utilize Employer B documents for visa stamping.
Thanks

Hello, thanks a lot for your reply.

Could you please clarify in that case should I ask new Employer B to not file the petition?
If I use Employer B document for stamping then I need to first resign my current employer in US, serve notice period and then go to India? Or can I come back from India and still work for old employer even though visa is stamped with new employer?
Thanks

[rkk09]

Hi,
Please see my response below.
Could you please clarify in that case should I ask new Employer B to not file the petition?
Answer: Please confirm, If you already filed H1B petition with Employer B and it got approved... If that is the case, If you are not going to accept Employer B Job offer then you can ask them to withdraw the H1B.
If I use Employer B document for stamping then I need to first resign my current employer in US, serve notice period and then go to India? Or can I come back from India and still work for old employer even though visa is stamped with new employer?
Answer: If you use New Employer documentation for visa stamping then you are confirming that, you will be joining with New Employer. If you have any changes after you got visa stamping, you will need to file H1B transfer petition, get approved then travel.
But, going to visa stamping with two petition and changing the Employment once you return back will not good preference legally.
Thanks

[Bom_kol1990]

Hi,
Please see my response below.
Could you please clarify in that case should I ask new Employer B to not file the petition?
Answer: Please confirm, If you already filed H1B petition with Employer B and it got approved... If that is the case, If you are not going to accept Employer B Job offer then you can ask them to withdraw the H1B.
If I use Employer B document for stamping then I need to first resign my current employer in US, serve notice period and then go to India? Or can I come back from India and still work for old employer even though visa is stamped with new employer?
Answer: If you use New Employer documentation for visa stamping then you are confirming that, you will be joining with New Employer. If you have any changes after you got visa stamping, you will need to file H1B transfer petition, get approved then travel.
But, going to visa stamping with two petition and changing the Employment once you return back will not good preference legally.
Thanks

The new employer has not yet applied the change of employer petition with USCIS. I have provided them the documents.
In this scenario, will it be better to ask new employer to NOT submit the petition until I come back from India with stamping using my current employer approved I129?
I understand that I would need to go for stamping again when I travel to India later. Thank you

[rkk09]

Hi,
Please see my response below.
will it be better to ask new employer to NOT submit the petition until I come back from India with stamping using my current employer approved I129?
Answer: I think, this is good idea to avoid any risks. But again, Intention should not be different. My concern is, When you go for visa stamping you will be confirming that, upon return you will be joining the H1B sponsored Employer to whom you got approved.
One suggestion is, Please be truth to the officer always.
Thanks