H1B Visa stamping with Current/new employer?

[nkurap]

Hello, 

I have been working with Company A as FullTime from 10 months on H1B status. My previous Visa stamp got expired in Oct 2019, As I am traveling to India in Dec 2019, I booked the Visa stamping (dropbox) appointment at Hyderabad consulate. But I have accepted the offer from Company B and H1B transfer got approved on Nov 3rd week. But I am planning to join Company B after my return from the trip. Now I have a question of which company I-797 I need to represent in DS-160 for Visa stamping? I am planning to get the Visa stamp with Company A as I have paystubs and all required documentation and return to the USA and switch to Company B in 2 weeks. Can I get a suggestion on if this could have any issue in the stamping process or approval status of Company B?

[gopalakrishnach]

You can go to visa stamping for Company A and after coming back you can join Company B.

[shekar11#]

On 12/2/2019 at 11:44 AM, nkurap said:

Hello, 

I have been working with Company A as FullTime from 10 months on H1B status. My previous Visa stamp got expired in Oct 2019, As I am traveling to India in Dec 2019, I booked the Visa stamping (dropbox) appointment at Hyderabad consulate. But I have accepted the offer from Company B and H1B transfer got approved on Nov 3rd week. But I am planning to join Company B after my return from the trip. Now I have a question of which company I-797 I need to represent in DS-160 for Visa stamping? I am planning to get the Visa stamp with Company A as I have paystubs and all required documentation and return to the USA and switch to Company B in 2 weeks. Can I get a suggestion on if this could have any issue in the stamping process or approval status of Company B?

No issues. You need to represent as company A employee because you did not officially join Company B.

[nkurap]

Now, company B is saying that I need to present their I797 as I am intending to join them after I return. If I get stamping with company A and return can USCIS or consulate revoke the approved petition with company B? Also is there any issues or time limits if I leave company A within 2 weeks after my return to Join company B as I am getting stamping from the company and returning to US?

[shekar11#]

On 12/5/2019 at 12:05 PM, nkurap said:

Now, company B is saying that I need to present their I797 as I am intending to join them after I return. If I get stamping with company A and return can USCIS or consulate revoke the approved petition with company B? Also is there any issues or time limits if I leave company A within 2 weeks after my return to Join company B as I am getting stamping from the company and returning to US?

USCIS cannot revoke any petition unless the employer requests to. No time limits.

[sn8787]

I'm in a similar situation but I'll resign from Company A, go to India for stamping on Company B's I797. Would I be able to do that? I plan to take a employment letter from Company B. Any other issues that might happen?