Travel with I-797 & h1b visa from previous employer while pending H1bCAP Exempt petition from current employer?


reddy829

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Posted

I am currently working for Employer A (top MNC) in india.  Employer B have file h1b CAP Exempt petition based on my previous petition in 2015 and got approved petition from employer B valid till 2018. I went for stamping with approved petition from employer B in india and got 221g (admin processing) asking for project document. Now employer A has initiated CAP exempt petition. My questions are

1) if my visa is granted through employer B (while h1b CAP Exempt petition is pending from employer A), can i travel to USA on visa obtained from employer B petition?

2) if my visa is granted through employer B (while h1b CAP Exempt petition is Approved from employer A before i travel to USA), can i travel to USA on visa obtained from employer B petition?

3) will it create problem at port of entry while traveling to USA?

 

Pls advise.

Thanks in Advance.

Reddy 

  • 2 weeks later...
Posted

If you want to work for B, you can travel with the approved visa from B.

If you want to work for A, you can travel with a valid visa AND a copy of thew APPROVED H1 petition from A.

 

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