H1B Stamping with 2 Approved Petition

[Deepika Ramesh Babu]

Hi,

 

I have a expired US visa stamping from my old company (X) that got expired in 4th Sep 2017 and I am currently working for a new company (Y) from Nov 2016 whose petition is valid till 30th Sep 2019. Now, since my visa is expired with in the past 12 months so I am still eligible for drop box option for the visa stamping till 4th Sep 2018. Now I got a offer from another company (Z) and they already processed my H1B and got approved till Dec 2020 and my joining date would be around Aug 27 2018.

 

Now, I was planning to get my visa stamped around 25th of July 2018 before I join the new company (Z) so that I can use the drop box option.Following are my Question:

 

1. Can I go for drop box visa stamping using my current employer (Y) petition although I have another petition approved from new company (Z). Would it cause any kind of issue if I have two approved petition while going for stamping. Is there a possibility they will issue 221G administrative processing because f this ?

2. Although I haven't started for working for New Company (Z), can I use their H1B approval notice for travelling to India and get the H1B visa stamping done. I don't have any pay stubs except the offer letter. That way I will get a visa validity for 2 years based on new employer petition (Z).

3. Can I get the stamping done with the current employer I-797 approval notice and then show the I-797 approval notice of the new employer while travelling to USA so that I can get a valid I-94 till 2 years based on new employer I-797 Approval Notice.

 

 

With Regards,

Deepika

Edited July 19, 2018 by Deepika Ramesh Babu

[xTDx]

What does your new employer lawyers say about this ?

While possible to get a visa stamped using a future employer's petition, In my honest opinion you should use the current 797 approval notice for visa stamping. This is to avoid confusion and possible delays with the additional documentation requested by consulate in case of admin processing. They already have the new petition details in their system but you too have not joined the new employer yet. 

[Krishna93]

Hey Deepika,

Can you please say what did you do? I am also exactly in the same situation with 2 Visa approved. Traveling to India as well for a visa stamping with employer X also have a approval from Y

 

Please let me know.

 

Thanks

Srikrishna