H1B Visa - Different Employer on Visa and i94


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Dear Senior members


I am currently in US and employed with a small consulting firm A.


A big energy firm has offered me a full time position and willing to transfer my H1B Visa.


However, since I have to fly to India on 17th Oct 2013 for a month and have to go for Visa stampig this time, I am confused which option from below to opt for:


OPTION 1. Go to India and get Visa stamped with current Employer A and fly back to US and then resign and join Employer B.

CONS: - a) Employer A is small consulting firm so I might end up getting 221G.

              b) Next year when I again visit India, I'll have to go for stamping again. This time with Employer B.


OPTION 2. Get B to file H1B transfer in Premium and get the Approval but dont join yet (cannot join because they wont allow me to take leaves immediately after joining). In India, go for stamping with B's petition and B's joining letter (since its almost certain to get Visa approved). Enter US on B's Visa but A's name written on i94 as current employer. Once in US, resign from A, give 2 weeks notice and then join B.

CONS:   a) Sounds too complicated and dont even know if its possible to have Visa from B and enter US with current Employer as A.


Experts: Could you please suggest the most viable option from the 2 above or if you think of any other solution too.




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