Re-entering US with new offer and not notifying current employer

[raghu8585]

Hi,

I have been to US couple of times on my current employer A's H1 visa. I returned back in March 2011 after getting approval of my H1 extension. I got my extended visa stamped in 1st week of april 2011.

Now, I have some queries regarding my re-entry to USA since I have an offer with a new employer B.

1. Is it legal to enter USA with my stamped visa without notifying my current employer A?

2. Will my current employer A be able to file a case of fradulency incase of my travel to US is done without their knowledge?

3. Am I eligible to work legally if the new employer files an LCA for me before/ while I travel to USA?

4. Since I don't have pay stubs for the past 2 months in US, will there be any issue in my H1 transfer to a new employer?

Please clarify.

Thanks.

[shervin143]

1. Is it legal to enter USA with my stamped visa without notifying my current employer A?
>>> You can enter U.S with employer A's valid visa and employer B's valid approved H1B petition. You cannot enter U.S using A's petition without their knowledge. That is illegal and can get you banned for life from entering U.S.

2. Will my current employer A be able to file a case of fradulency incase of my travel to US is done without their knowledge?
>>> Read the answer to question 1. There is no fraud if you enter U.S with employer B's approved H1B petition. Using employer A's petition to go and work for B is not allowed and it is illegal.

3. Am I eligible to work legally if the new employer files an LCA for me before/ while I travel to USA?
>>> Not just the LCA, then need to file the H1B petition (they can file it under the same CAP that you hold with employer A and request an immediate start date) and it need to be approved for you to travel.

4. Since I don't have pay stubs for the past 2 months in US, will there be any issue in my H1 transfer to a new employer?
>>> Pay slips are required only for the duration of stay in U.S in H1B status. You don't need pay slips for the period spend outside U.S.