H1 Consular processing while another H1 transfer in progress

[anv]

I have a few concerns regarding my H1 Visa status.

 

To start with, I work for a company X and I have a valid H1 and I-94 from Nov'12 to Sept'15.

 

In 2013 July, company Y aquired company X and I had a H1 transfer filed from X to Y. In May'14, H1 approval has been given but without I-94 (after 2 RFEs in the proccess from July to May).

 

While X to Y H1 transfer has been pending since July'13, I have got an offer from company Z for a Full Time Employment.

 

So company Z filed my H1 transfer in April'14 from X to Z and got RFE.

 

My concern is that,

 

1. If I stick to company Y, do I need to go for H1 Visa Stamping?

2. If I still want to continue the process with Z and let them answer RFE, can I do that?

 

My employer told me I have to get stamping done ASAP. Am I OOS now?

Or can I stay in teh US with company Z processing.

 

Please clarify.

[anv]

 

I have a few concerns regarding my H1 Visa status.

 

To start with, I work for a company X and I have a valid H1 and I-94 from Nov'12 to Sept'15.

 

In 2013 July, company Y aquired company X and I had a H1 transfer filed from X to Y. In May'14, H1 approval has been given but without I-94 (after 2 RFEs in the proccess from July to May).

 

While X to Y H1 transfer has been pending since July'13, I have got an offer from company Z for a Full Time Employment.

 

So company Z filed my H1 transfer in April'14 from X to Z and got RFE.

 

My concern is that,

 

1. If I stick to company Y, do I need to go for H1 Visa Stamping?

2. If I still want to continue the process with Z and let them answer RFE, can I do that?

 

My employer told me I have to get stamping done ASAP. Am I OOS now?

Or can I stay in teh US with company Z processing.

 

Please clarify.

 

[Belle]

Yes, you are out of status. You need to leave the US and go for stamping. It is possible for you to wait for your transfer to the new employer while outside the to be approved and then go with those documents. Alternatively, you can pretend that you still intend to work for the old employer (which you should because it is not clear what's going on with the new one), and get your visa stamped, but then you can enter with approval from the new company, and get their name on I-94.

 

What matters is what company is on your I-94, not what company is on your visa.

[anv]

Yes, you are out of status. You need to leave the US and go for stamping. It is possible for you to wait for your transfer to the new employer while outside the to be approved and then go with those documents. Alternatively, you can pretend that you still intend to work for the old employer (which you should because it is not clear what's going on with the new one), and get your visa stamped, but then you can enter with approval from the new company, and get their name on I-94.

 

What matters is what company is on your I-94, not what company is on your visa.

 

[anv]

Yes, you are out of status. You need to leave the US and go for stamping. It is possible for you to wait for your transfer to the new employer while outside the to be approved and then go with those documents. Alternatively, you can pretend that you still intend to work for the old employer (which you should because it is not clear what's going on with the new one), and get your visa stamped, but then you can enter with approval from the new company, and get their name on I-94.

 

What matters is what company is on your I-94, not what company is on your visa.

 

Thank you Belle for your response. I came to my Home country, India for my Visa stamping. 

"My only fear was what if I get Admin Processing". I went for Visa Interview on 11th july '14 in Hyderabad Consulate. It was friday in the morning at 8:30AM.

 

My interview went on as below - 

 

VO: GM

Me: GM

 

VO: who is your employer?

Me : Answered

 

VO: How many employees do your company have?

Me: Around 20

 

VO then I think opened my employer's website and was not happy with the content. She said the english was not good. 

Then she asked where my husband works. She then said " you are a well educated woman and your husband holds a credible job. I dont want you to end up working for a company with just 20 employees. I sounded like she's not gonna approve my visa. 

 

VO: Please give me all your docs... ( asked me to wait outside)

 

After an hours or so I was asked if I have MSA between my Employer and Client( I didnt have and said the same) - Mine's EVVC model.

 

After 10 mins a lady came and handed over a white slip which asked for MSA and I was told that my case was under admin processing. I was very disappointed and lost hope.

 

I submitted MSA after 5 days. - July 18th.

 

To my surprise I received an email form consulate to submit my passport on July 23rd,3 days after I submitted my docs.

 

The very next day I submitted my passport at  VFS office.

 

Finally after constantly waiting for an email form consulate to pick my pasport, I got an email on 1st of August to collect my Passport.

 

Collected passport on 4th Aug with the visa approval. My case took a total of 14 days for the final decision.

 

So, My advise to everybpody is -Never loose hope! 

 

Thanks.