H1 Related Query

[dixita1989]

Hi All,

I have one peculiar query regarding my H1.

I am working for company X in india. Their US subsidiary has filed my H1, my VISA stamping done with Company X and I travelled to US from 15 AUGUST 2010 to 5 MARCH 2011. After my project is over I came back to india and started working with same company (company X).

Now, company Y has filed my H1 Petition and I got approval notice (I-797) of company Y.

Here case is:
Without giving Notice to company X in INDIA, I travelled to US on Company Y petition to work with them (using comany X's VISA stamping) on 10 APRIL 2011. Due to complications in employment with company Y, I came back to INDIA on 15th April 2011 and started working with Company X where I was working earlier. I have resigned from Company X and they might revoke my H1 Petition (not sure yet).

Company Y has not paid me anything for these 5 days and they are forcing me to come to US otherwise they would be revoking my H1.

In worst case, if both these companies (X & Y) will revoke my H1 petition, will there be any issue if someone is ready to transfer my H1 later? Or this will block my entry to US forever on H1?

Answer will be highly appriciated.

Thanks.

[txh1b]

Each petition is independent and even if the companies cancel the petition, your visa remains valid as long as it is and can be used with any company's valid petition. No issues at all with your case and no reason to be worried.

[dixita1989]

Each petition is independent and even if the companies cancel the petition, your visa remains valid as long as it is and can be used with any company's valid petition. No issues at all with your case and no reason to be worried.

Thanks for your immediate response.

Will there be any issue later for Petition approval in such complications? I am worried as I have 5 days unpaid in US with Company Y petition entry.

In the case, if I dont resign from Company X and will work for them and enter US on their petition for Company X work.
Will there be any issue @ point of entry asking me earlier you entered with Company Y and now again you are entering with Company X?

What is the correct thing I have to answer them, if I face that situation?

Thanks in advance.

[txh1b]

You know the reasons as to why you left Y. If they did not pay you and that is the reason you left, you can mention it as the terms of employment were abusive and you left due to that. I do not anticipate any problems. You seem to be paranoid and I would suggest an attorney consultation to ease your concerns.

[dixita1989]

H1B Related Query

You know the reasons as to why you left Y. If they did not pay you and that is the reason you left, you can mention it as the terms of employment were abusive and you left due to that. I do not anticipate any problems. You seem to be paranoid and I would suggest an attorney consultation to ease your concerns.

If I continue my employment with Company X and I will be travelling to US again, will there be any problem later on at POE? as I have entered using same VISA for different employer (Y).

[shervin143]

Using the H1B visa of one company to enter U.S to work for another is not an issue. Visa is just an entry document. Irrespective of the company you are working for, you can use the valid H1B stamped in your passport to enter U.S as long as you have a valid petition approved for the specific company you will be working in U.S and that is what you show at the POE.

If I continue my employment with Company X and I will be travelling to US again, will there be any problem later on at POE? as I have entered using same VISA for different employer (Y).