H1B already stamped; but got another offer

[honebeequery]

Hi,

I am in India and my h1b is stamped recently with company A ( a consultancy)and now company B(an American based fortune 500 product firm) issued an offer. My current H1B is valid only till Jan 2014, hence a new H1b petition will have to be filed, either after I move to the US or before that while I still stay in India.

1) Which one is suggestible in the above two options?

2) Let us say, a premium processing is initiated, what are the timelines and best case possibilities in order to get an approval? And, in such case will I again have to go to visa stamping in India?

3) with the new petition, are there chances to get a 3 year approval notice?

Thanks in advance for the answers.

[Attorney_10]

If you are planning to enter the U.S. to work with Company B, then Company B will have to file an H1B petition on your behalf and get it approved before you can enter. Generally, it is permitted to use the valid, unexpired H1B visa issued with Company A's name and the I-797 Approval Notice for Company B to enter the U.S. to work for Company B. Each petition stands on its own, so if you request a three year duration, documentation must also be submitted that supports the specialty occupation work and employer-employee relationship will persist for the three years requested. Please schedule a consultation with a qualified immigration attorney to discus the specific facts relating to your case and the options available to you.