Ankit Srivastava Posted July 15, 2019 Report Share Posted July 15, 2019 Hi , I am on H1B work visa and working for Employer A. I have extension I1797 till Sept 2021 but Visa stamped on my passport is expired on Dec 2018. I am currently undergoing my Visa transfer to new Employer B. I am planing to travel to India immediately after my Visa transfer is done to Employer B but before joining Employer B. (While i am still serving notice period with Employer A) Please confirm if i can travel to India and undergo Visa stamping through Employer A (I797) without any issues because i have not joined Employer B yet? Thanks Quote Link to comment
pontevecchio Posted July 15, 2019 Report Share Posted July 15, 2019 Under the circumstances described, you will need to get a visa based on B. Why do you think it is easier to get a visa based on A and not on B? Quote Link to comment
Vetri Posted July 15, 2019 Report Share Posted July 15, 2019 I am in a very similar situation. See my question here: If you go ahead with this, >>i can travel to India and undergo Visa stamping through Employer A (I797) without any issues because i have not joined Employer B yet << as per my lawyer: Quote You can technically join Employer B after coming back. But since your I-94 would have changed, its risky and can be later held against you. Another alternative is, to go once again out of the country and re-enter with Employer-B's I797 (No need to get a new visa stamping) Note: This was conveyed to me by my immigration attorney and I am just sharing that information here without verifying the validity of this. Don't take this as a legal advice. Please do your own research or consult with an immigration lawyer. Quote Link to comment
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