h1b Transfer and Visit to India--need stamping ??


abinash

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Hi Friends,

 

I have a scenario , which is not quite complicated. Just wanted to make sure - I am working for a company A, and searching to switch to company B. I got the job in company B and Now before joining there I just want to visit India ( without resigning from A ). Reason being i dont have to stamp and Once I come back i will resign and join company B.

 

QUS-

1- In the mean time of my travel , if company B files for h1b transfer , is it going to affect me while returning at port of entry or do I even have to Stamp again .

 

2- If at all I will resign here and go to India i surely have to do  stamping but problem is i wont have Pay slips for three months at least to show my employer-employee relationship . Though its not extension but its an employer change.

 

3-what happens if my current employer finds out that H1b Transfer has been filed and I am in India . Can they revoke h1b and create issues while coming back ? In that case as i would not have joined Company B yet , I would be stuck correct ?

 

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Hi Friends,

 

I have a scenario , which is not quite complicated. Just wanted to make sure - I am working for a company A, and searching to switch to company B. I got the job in company B and Now before joining there I just want to visit India ( without resigning from A ). Reason being i dont have to stamp and Once I come back i will resign and join company B.

 

QUS-

1- In the mean time of my travel , if company B files for h1b transfer , is it going to affect me while returning at port of entry or do I even have to Stamp again .

 

2- If at all I will resign here and go to India i surely have to do  stamping but problem is i wont have Pay slips for three months at least to show my employer-employee relationship . Though its not extension but its an employer change.

 

3-what happens if my current employer finds out that H1b Transfer has been filed and I am in India . Can they revoke h1b and create issues while coming back ? In that case as i would not have joined Company B yet , I would be stuck correct ?

1. No. 

2. If your H1B visa is valid when you try to return to US you do not need to go for H1B stamping. You just need an I797 from new employer. No need for pay stubs with new employer.

3. Yes, they can revoke. If your H1B petition with new employer is approved then you can enter with their I797. If not, you need to wait for approval to enter US.

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