Can I travel to India on H1B of old employer?

[OJAD]

Hi Everyone, 

 

I am a new member and this is my first post here. So unsure if I posted in the right forum. Anyway, request to advise on the below -

 

My background - Did Master's from recognized US University and on job since 2011 for company A. H1 petition was approved and is currently effective. 

 

My Scenario - I got my first H1B stamping for company A recently (last month) when I visited India. Now for my marriage, I will be required to travel again in December 2013. Now, suppose that in the meantime, I got a job offer from Company B and they need me to start in October' 2013.

 

My questions -

 

1. I understand that Company B will do some paperwork for me regarding visa transfer, but I doubt that I will be able to receive the approved petition before my departure to India. So under this circumstance, can I come back to US with my old H1B from company A, and a letter from Company B saying that "now I am employed with them and my paperwork is going on". Will this suffice?

 

2. What documents will I need to come back to US after my marriage?

 

3. Is it safe to do this, or should I either hold on to my marriage plans OR hold on to switching jobs from 'A' to 'B' (which I would not really want).

 

Thanks in advance for your guidance!

[jairichi]

 

Hi Everyone, 

 

I am a new member and this is my first post here. So unsure if I posted in the right forum. Anyway, request to advise on the below -

 

My background - Did Master's from recognized US University and on job since 2011 for company A. H1 petition was approved and is currently effective. 

 

My Scenario - I got my first H1B stamping for company A recently (last month) when I visited India. Now for my marriage, I will be required to travel again in December 2013. Now, suppose that in the meantime, I got a job offer from Company B and they need me to start in October' 2013.

 

My questions -

 

1. I understand that Company B will do some paperwork for me regarding visa transfer, but I doubt that I will be able to receive the approved petition before my departure to India. So under this circumstance, can I come back to US with my old H1B from company A, and a letter from Company B saying that "now I am employed with them and my paperwork is going on". Will this suffice?

 

2. What documents will I need to come back to US after my marriage?

 

3. Is it safe to do this, or should I either hold on to my marriage plans OR hold on to switching jobs from 'A' to 'B' (which I would not really want).

 

Thanks in advance for your guidance!

 

If your new employer wants you to start from October they have to file by mid September a H1B cap exempt petition with premium processing as it takes 2.5 months to get approval. After your wedding you could enter US with your valid H1B visa, new I797 from new employer.

[rohang]

You current visa is till what date? 

 

Process will somewhat work like this.

 

1) Employer B will start you transfer process, and until transfer is done, do not join before transfer is done. 

2) Depending on you current H1b visa end date, you may be able to come back with Visa from Company A and extension paper from Company B.

[OJAD]

Thanks Jairichi and Rohang. 

 

Rohang - To your question, my current visa states expiration date as Nov'2015. Also when you say "extension paper from company B", do you mean letterhead from company B and some proof that they started my transfer OR does that mean an I797 approval notice from USCIS? Since I think I797 approval will take at least 3 months, in which case I might end up taking a big risk.

 

Thanks again. 

[rohang]

I797 from Company B.