H1B stamping issues in India after moving to a new employer (US based)

[karthikrv]

My friend is in company A (India based company) and he has offer from company B (US based company, no shop in India).

His H1B stamping on PP has expired however has I-797 extension approved from previous company (Company A) until end 2015. So if he goes back to India he need to do stamping before getting into US.

Let us say Company B will initiate H1B transfer and he start working with Company B starting January 2014. He has commitments to go to India in may 2014.

So if he goes back to India he need to get his stamping done on the H1B for the new company I-797 (Company B). Remember it’s a US company and does not have a shop in India.

Will there be any issues here for him during the stamping because he has switched over here and going back to India for stamping.

 

This will help him in deciding to take offer

[jairichi]

My friend is in company A (India based company) and he has offer from company B (US based company, no shop in India).

His H1B stamping on PP has expired however has I-797 extension approved from previous company (Company A) until end 2015. So if he goes back to India he need to do stamping before getting into US.

Let us say Company B will initiate H1B transfer and he start working with Company B starting January 2014. He has commitments to go to India in may 2014.

So if he goes back to India he need to get his stamping done on the H1B for the new company I-797 (Company B). Remember it’s a US company and does not have a shop in India.

Will there be any issues here for him during the stamping because he has switched over here and going back to India for stamping.

 

This will help him in deciding to take offer

If he is currently in US then his employer B has to apply for cap exempt H1B as change of status. In May 2014 he has to apply for a H1B visa at US consulate and enter US again.

[karthikrv]

Thanks for your response. Based on that I have 2 questions

1. He already has an approved I-797 from Company A  until end of 2015, so when Company B makes H1-B transfer won't he get his I-797 until end of 2015 ?

2. If he has valid I-797 , can't he get it stamped in India when he goes there for vacation ?

[jairichi]

Thanks for your response. Based on that I have 2 questions

1. He already has an approved I-797 from Company A  until end of 2015, so when Company B makes H1-B transfer won't he get his I-797 until end of 2015 ?

2. If he has valid I-797 , can't he get it stamped in India when he goes there for vacation ?

1. Company B's I797 validity date will be based on their requirement and USCIS discretion. 

2. Yes. With company B's H1B documents he can get a visa stamped at US consulate.

[karthikrv]

Thank you Jairichi. With your answers above, I understand point #2 and below  statements are one and the same, please let me know if I understood correctly.

 

"In May 2014 he has to apply for a H1B visa at US consulate and enter US again."

 

Thank you for your timely answers.

 

Best regards