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H1B Stamping / Use AP : Unique case....

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Please find chronology of events,

1. I was employee of company "A" during July 2006 to May 2008, which processed my GC (PERM & I140).

2. Joined company "B" in May 2008 till May 2012 and have H1B (which belongs to company "B") valid till May 2014.

3. Company "A" merged in company "C" in 2010 as a subsidiary company.

4. I joined company "C" in May 2012 with H1B transfer ...which is still in process

5. Processed my I145 (of company A) on May 1012 and received EAD / AP on June 2012.

6. In June 20120 I got moved to company A's (as subsidiary of company C) payroll on EAD.

Request you guys to answer my queries,

1. Is my H1B status still active ?

2. If I visit my native nation, do I need to go for stamping ?, as H1B belongs to "C" while I am on payroll of "A" (subsidiary of company C)?

3. If I do not go for stamping and enter in US on AP, will my H1B status remain active ?


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I'm not expert but Is the current company you are working (Company A ) is still a separate entity? You said company A merged into Company C, if that is the case why company A even exists for you to go back to? Are you sure it is merged? If you are working for company A but company C filed your H1B I'm not sure if that is valid though unless you will go back to work for company C up on your H1B approval. Also you can't use company B H1B at a consulate since you no longer working for them. You may have to travel on AP. As I said yours is a little bit complicated and it may be best to use Murthy's paid ask a question service

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