H1b Transfer from company A to B and stamping

[chidpal]

I am looking to change the company from company A to company B. I am also planning to go to India on July 10th, I would need to go for visa stamping also in India to enter back to US as my visa stamping in my passport is already expired.

Now, I would like to know whether I can start the H1b transfer process with company B but join company B later on.

 

If I start the H1b transfer process , it would get completed with in 1-2 weeks and there is more than 3 weeks left, so suppose if it is approved and h1b Transfer is completed for company B. Can I still continue in Company A without joining Company B, and go to India with Company A and go for H1b visa stamping for Company A and then return back to US and after coming back give the 2 week notice to company A and then join Company B. In which case I can join Company B later in august.

 

I would like to whether the above scenario is possible and is legal.

 

The concern I have here is whether I can go for H1b stamping with Company A itself even though Company B H1b transfer is approved. and the join Company B later after coming into US with Company A h1b visa and visa stamping.

 

It would be great and very helpful if anyone could clarify me on this.

 

Otherwise, Can i initiate the H1b transfer process from company A to company B when I am in India , Can i initiate a week before travelling to US.

 

 

Please let me know whether the above scenarios are possible and legal. Any help would help me a lot in clarifying and making it clear to make a decision. Thanks to all.

 

 

    

[chidpal]

Can someone please assist me in this situation?

[pontevecchio]

As long as the H1 petitions for A remains valid you can work your notice period off. If you have another H1 petition approved with I94 approved for B you can join B after the notice.