Old H1 B Petition expired.

[softsasi]

Hi

I am working for company A and the H1 B visa expired as well as applied for extension which is under process.

But, I got a offer in Company B and the Visa transfer is approved.

Could anyone has Idea that can I move to company B without new stamping from Home country.

Thanks.

[metroguy]

Since your H1B visa in your passport is expired, as long as you stay in US and work for Employer B you are ok, but once you move out of US, you have to get a new H1B visa in your passport either from your home country or any other country

[Attorney_10]

Generally, if the petition and extension of stay are approved (with an I-94 card attached) then the H1B beneficiary is permitted to work for the employer. If the petition is approved without an I-94 card attached, the beneficiary is required to depart the U.S. and re-enter with a valid H1B visa and the H1B approal notice. Please schedule a consultation with a qualified immigration attorney to determine which type of approval notice you received.

[softsasi]

Thank you for sharing Ideas.

I would talk to the employeer for the possiblities.

[softsasi]

Hi Attorney_1

My new Employer said that I need to get new stamping to join.

Any idea or USCIS rule on USCIS site which would help me to talk to them.

[rohang]

hi,

I think your new employer applied H1B under CP not under COS.

Other way to confirm is to ask for I797 copy, and if it has no I94 attached to it, then its CP and you will have to leave and get stamping done.

But if it has I94 attached at bottom then legally you do not need to go for stamping.

As a practice if you are already here, extensions are filed as COS so person doesn't need to go out for stamping.

[softsasi]

Hi rohag

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I got my extension approval with current company A and would get my stamping when I go to India.

But Company B are requested to do my stamping when I go india. Please Suggest me if I could get valid stamping with Both companies.

please suggest me.

[softsasi]

Hi rohag

I got my extension approval with current company A and would get my stamping when I go to India.

But Company B also requesting me to go for stamping when I go india. Please Suggest me if I could get valid stamping with Both companies.

please suggest me.

[rohang]

Not possible to get stamping from 2 companies.

Fist thing first : -

1) Do you have your 797A? if not ask for that from company B,

2) then check if it has I94 attached to it or not.

if it has, check for start date in it, if is already passed, then you should be working for company B from that day onward.

[pontevecchio]

It is certainly true a valid H1 visa can be used to come back to work for a new sponsor. It is also true that the Employer can insist on you getting a new visa and the consulate would just cancel the old one and give you the new visa, assuming you qualify. .