H1 stamping following a transfer

[writeme]

Hi,

I'm currently working with company A and transferred H1 to company B. I plan to join B only after returning from a trip to India - hence company B advised me to get stamped on Company A's H1 during my India visit. Can I get company A's H1 stamped without any issues as I still work with A, but H1 transferred to B? Will I have to face any questions during visa stamping like "H1 is already transferred to B, then why getting stamped on Company A and not B" etc?

Please help!

[shervin143]

You will not have any issues with stamping if you will be still employed with Company A at the time of stamping.

However, it is never advisable to leave the country when the transfer is pending with USCIS. You can either get into issues with multiple I-94s or your transfer might get approved without an I-94 (Consular processing). Are you planning to return back by showing company A's petition or Company B's petition at the POE on your return?

[writeme]

Thanks Shervin for your reply. I'm planning to travel out of US only after H1 transfer is approved. Company B will be doing premium processing for H1 transfer. I'll show Company A's documents at consulate and POE. Planning to resign after returning from my trip. I'm worried if USCIS (at consulate and POE) has my records showing H1 transfer to B while I show them documents of A.

[writeme]

Another quick question Shervin.. Can I stamp on Company A's name and show Company B's approved petition at POE?

[shervin143]

You will need to return all your I-94s when you leave the country. Including the one that comes with the H1B transfer. When you return back, if you show Company A's petition, then they will issue you an I-94 associated with Company A and you cannot work for Company B. In order to work for Company B, another transfer need to be filed (To get an I-94 associated with Company B) or you need to leave the country and return back in Company B's petition to get an I-94 associated with Company B's petition at the POE. It is illegal to enter U.S in Company A's petition and start working for Company B.

Thanks Shervin for your reply. I'm planning to travel out of US only after H1 transfer is approved. Company B will be doing premium processing for H1 transfer. I'll show Company A's documents at consulate and POE. Planning to resign after returning from my trip. I'm worried if USCIS (at consulate and POE) has my records showing H1 transfer to B while I show them documents of A.

[shervin143]

Possible. However, if they question you at the POE about your recent stamping with Company A's petition and you entering with Company B's petition, then you should be in a position to answer them accordingly.

Another quick question Shervin.. Can I stamp on Company A's name and show Company B's approved petition at POE?

[writeme]

Thank You Shervin for the timely replies. The info you provided are really helpful!

Happy New Year..