H1 B stamping in India while second employer filing a H1B Transfer

[sunny.sun0721]

I am planning to visit india and had to go for visa stamping. I am planning for visa stamping with all the documentation provided by current employer but recently last month i got selected by new employer and they started filing H1B and got LCA approved.

I did not get any joining date with new employer, So i am planning to go with my current employer for stamping. If I go for visa stamping in India will i have problems at consulate. Will they be able to see the second employer is filling H1B ?

Please help.

Thanks in Advance

[rohit369]

No, I dont see any problems.

[sunny.sun0721]

Thank you Rohit for the reply.

I was worried that if my new employer H1B transfer is complete, then the consulate might see two H1 petitions.

So no need to worry if there are two H1B petitions on one person?

[Kumar_987]

I had the exact situation and below is what my company attorney said

1) New company can't file for your H1B transfer if you are physically out side US

2) Say new company files for your transfer before you leave then mostly H1B may be approved but COS may be denied. For which you will have to get visa stamped by traveling outside US