Consular Processing

[Pvanchin]

Company A H1B Petition RFE Due by Dec 22nd

 

Company B filing for new H1B in Consular Processing in Premium. Expected to get the first decision by Dec 1st. 

 

I already have a H1B Stamping until september 2014.

 

Now, If Company B h1b petetion is approved....before I work for company B, 

 

do I need to go for a stamping? or can I just step out of country and get a i 94 while I return? 

[jairichi]

Company A H1B Petition RFE Due by Dec 22nd

 

Company B filing for new H1B in Consular Processing in Premium. Expected to get the first decision by Dec 1st. 

 

I already have a H1B Stamping until september 2014.

 

Now, If Company B h1b petetion is approved....before I work for company B, 

 

do I need to go for a stamping? or can I just step out of country and get a i 94 while I return? 

I believe you need to go for stamping.

[rahul412]

do I need to go for a stamping? or can I just step out of country and get a i 94 while I return? 

No need of new stamp if your current visa is still valid.

[jairichi]

No need of new stamp if your current visa is still valid.

@ rahul412: What happens if COS gets denied and I797 specifies US consulate location in home country while employee has a valid H1B visa?

[rahul412]

@ rahul412: What happens if COS gets denied and I797 specifies US consulate location in home country while employee has a valid H1B visa?

USCIS issues 797 and visa is issued by DOS. So it is possible that USCIS doesn't know whether the employee has a valid visa on the passport or not.

But if a person has a valid visa then he doesn't need new visa.

[Pvanchin]

@ rahul412: What happens if COS gets denied and I797 specifies US consulate location in home country while employee has a valid H1B visa?

Well it is not Change of Status nor extension of status. I am anticipating to get a decision on new petition before Company A responds to RFE. 

[jairichi]

USCIS issues 797 and visa is issued by DOS. So it is possible that USCIS doesn't know whether the employee has a valid visa on the passport or not.

But if a person has a valid visa then he doesn't need new visa.

@ rahul412: Thanks.

 

 

Well it is not Change of Status nor extension of status. I am anticipating to get a decision on new petition before Company A responds to RFE. 

@pvanch: You have mistaken. It was a general question directed to rahul412 and not pertaining to your case.

[newtogc]

Sorry for getting into this thead. A search for consular petition lead me to this thread

 

Short Question:Does a new H1B Counsellor petition (while already having a valid H1B)  invalidate /affect the current H1B validity?

 

Detailed Question:I'm on sick leave and have an offer from employer Y, who wants to  file my H1B either as COE or Consular Petition. Depending on my health situtation I would decide after a month if I will take up the new job or otherwise try to extend my sick leave. So I would want to keep my current H1B valid.

 

Please help me.

Thanks for your time!

[pontevecchio]

@newtogc, Short Answer is "NO"