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Sid86

H1B - Taking a break between two Jobs

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Below is my case:

1) I was working for company A and my I140 was approved through it . 

2) I switched to company B on 4 JAN 2019 based on my approved I140 , My 6 years on H1B has been completed .

3) Now I have recently got my I797 approved(H1B transfer) for company C and my joining date is 1 MAY 2019 .

Question : I want to resign from my current company (referred to as B) and get released by 27 March 2019 and then travel to India for 1 month (come back by 27 April 2019).

In India I ll be going for visa stamping for company C that I would not have yet joined and will not have pay stubs and employment verification letter from them (however I have a offer letter and approved I-797) . Will there be any issue ? Is this legal ?

 

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3 hours ago, pontevecchio said:

There is absolutely no problem with this scenario. It is totally legal. 

Do you not have an existing valid  H1 visa stamp?

No Sir ! I do not have a valid H1b stamp on my passport so I have to go for visa interview .

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A better approach would be to take off from Company B, go to India, get a visa stamp using Company B petition, come back to the US, quit company B and join Company C.

Your visa would anyways be valid for 3 years if your company B petition is valid for 3 years and you will have all the paperwork in place like paystubs, offer letter etc. from company B when you go for stamping.

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8 hours ago, rohit369 said:

A better approach would be to take off from Company B, go to India, get a visa stamp using Company B petition, come back to the US, quit company B and join Company C.

Your visa would anyways be valid for 3 years if your company B petition is valid for 3 years and you will have all the paperwork in place like paystubs, offer letter etc. from company B when you go for stamping.

No, that's a bad idea, because there is no intent to continue working with B. So, this could be considered immigration fraud.

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