Travelling on old h1b

[asdfasdfg]

I'm currently in India and hold a valid h1b petition and a visa stamp from employer ABC Inc. However I've got a new employer in USA to file for a h1b transfer and now want to travel to USA. I've received the receipt notice I-797C for the transfer petition. My new employer wants me to travel to USA asap. Will there be any issues if I enter US on the old visa and h1b from ABC even though I'll be working for for a different employer? Any help will be appreciated.

[JoeF]

You have to wait until the H1 for the new employer is approved. Once it is approved, you can use your old, still valid visa AND the new approval notice to enter.

You can NOT enter just on the old H1. That would be immigration fraud.

[JoeF]

Oh, and if the new employer wants to get you to the US quickly, they can specify premium processing for the H1 (and pay for it.) That can get you the approval pretty quickly.

[asdfasdfg]

Thanks Joef, would i be possible ot enter on B1/B2 and then file for a COS? Are there any issues with this approach?

[t75]

Do NOT enter on the old petition. The border officer could call your old employer for verification and you would be barred for trying to enter fraudulently.

[JoeF]

Thanks Joef, would i be possible ot enter on B1/B2 and then file for a COS? Are there any issues with this approach?

You still would only be able to start working when the COS is approved. That would even take longer, since the COS can only be filed when the H1 petition is approved.

So, there is absolutely NO way around the fact that you have to wair.

If the company wants to have things done quickly, they can amend the H1 petition for premium processing (and they need to pay for it.)

[asdfasdfg]

Thanks Joef and t75 for the help, much appreciated.