H1b visa stamping help changing job

[ajayp]

Hello everyone,

 

About me:

I am currently working on my OPT extension for an employer in US. I currently received my I-797A approval. Things got complicated when my fiancé moved to New York for her new job. I had plans to go India for H1B stamping in December, but now I have to change.

Reasons:

1. Finding new job in NYC

2. My current employer doesn't want me to go India in December because of a major project deadline, which is in January. He wants me to either go before November or after January. But for some personal reasons I can't go India before December. And I have to go India before Feb.

 

So after reading all other topics and research I came up with this three solutions-

 

1. I go to Canada and get H1b stamping in Octomber, then find a new job in NYC during january and then go to India. After coming back from India apply for H1b transfer. Problem with this solution is I will have to stay in Canada for atleast 5 days for the stamping process, paying for hotels and other expenses. Only if I just ignore the risk of getting rejected and go back to India.

 

2. I find a new job and get approval I797 for new employer, then go to India in January for stamping. I am not sure how long will it take to get new approval and it might be risky for H1b interview, that I chaged my job. Will he ask me questions like why did you leave you job, since they got labor certificate for you?

 

3. I don't get my H1b stamping till January, then go to India, get H1b stamping for current job. Come back and find new job and apply for H1b transfer. At this point only risk is that my employer already knows that I will be leaving this job and I will take visa interview. He is a nice person, and I preety sure that he won't cause a problem. But still it is risky, you never know what one can or will do.

 

My current employer is fine with all this solutions and willing to help. I don't know anyone who had similar experience, please give me your views.

 

Thanks

[pontevecchio]

First find a H1 sponsor in NY. I usually find the path of least resistance is to follow the letter and spirit of the law. Obviously you have time assuming you are not going to leave A in the lurch regarding the major project.