H1B transfer and travel to India

[ujjwala]

hi,

I have my H1B visa with current employer and got it stamped this august 2011 and now got a new job and they are planning to do the premium processing. they say i ll get the receipt by mid jan and can start from end of jan. i have travel plans to india in feb 1st week for which i will take vacation and leave. but
1. do i have to get my visa stamped again? current one is valid till 2013.
2. is there any risk while i go to stamping within 6 months for a different company( both my current job and new one are Full time)
3. will there be a problem if the H1B transfer is delayed and I leave to India? can i still travel with my current visa and come back?

Thanks a ton for the reply! Appreciate it!!

[shervin143]

1. do i have to get my visa stamped again? current one is valid till 2013.
>>> No. You can use the existing valid visa to re-enter.

2. is there any risk while i go to stamping within 6 months for a different company( both my current job and new one are Full time)
>>> No issues.

3. will there be a problem if the H1B transfer is delayed and I leave to India? can i still travel with my current visa and come back?
>>> It is not advisable to leave the country when a petition is pending with USCIS. You will end up with multiple I-94s and that can cause issues. If you leave, you cannot re-enter until the petition gets approved. You need the approved petition to show at the POE.

[ujjwala]

Thank You!

[vijayahr]

Hello Sir,

If her petition got approved and if she starts working for the new employer before she go for a vacation, in order to enter US her passport has to be stamped - rite? Incase if her current employer revokes her petition after she left the company, then also she has to use her new approval notice only - rite?

Apologise for the interference.

Thank you very much in advance

Vijaya

[kabkaba]

Name of employer on the Visa does not matter, one can use a valid H1B Visa along with any employer's petition approval notice to enter the US. New Visa is not needed in this case.

If you want to work for employer B, you have to use B's approval notice to enter. Using A's approval notice to work for B is not right.

[kumar_21]

If her current emplyoer files papers in India for cancelling old petition, then does it mean that VISA also get cancelled?

Is cancelling petition and cancelling Visa both are same... Please let me know..?

If petition is cancelled and Visa is not cancelled, then can she still use old VISA to reenter to USA? She will show old visa and new petition from emplyoer B... does it work?

[kabkaba]

If her current emplyoer files papers in India for cancelling old petition, then does it mean that VISA also get cancelled?

No.

Is cancelling petition and cancelling Visa both are same... Please let me know..?

No they are different.

If petition is cancelled and Visa is not cancelled, then can she still use old VISA to reenter to USA? She will show old visa and new petition from emplyoer B... does it work?
Yes, that is possible.

See above.

[kumar_21]

ThankYou Kabkaba..