H1B stamping with I-140 from previous employer

[jitheshktv]

I am currently working with employer A who filed my green card and got my I-140 approved.  I completed by 6 years on H1B, and got it extended for 3 years based on the I-140 approval till April 2017 (yet to be stamped) . I am planning to change my job and start working for employer B. During the H1 transfer to Employer B, I hope I will get my H1B approved for 3 years based on approved I-140 with previous employer A. (Based on what I read on many threads on this forum). I have the approval copy of the I-140 too.

I am planning to go to India for a vacation during October of this year (planning to join B by Aug end, so my vacation will be a month after joining B) , and will have to go for stamping. Obviously, employer B will not start my green card processing by then. Below are the questions that I have...

 

1. Will I have any issues for stamping, since the extention is based on an I-140 from employer A which I am not currently working with?

 

2. Will they even ask for I-140, or the stamping will be purely based on the i-797?

 

3. Do I need the GC processing started by employer B, before I can travel and go for stamping?

 

Any response will be greatly appreciated. Want to know if anyone came across such a situation and what was the result?

 

Thank you so much in Advance,

JK.

[rahul412]

 

1. Will I have any issues for stamping, since the extention is based on an I-140 from employer A which I am not currently working with?

 

2. Will they even ask for I-140, or the stamping will be purely based on the i-797?

 

3. Do I need the GC processing started by employer B, before I can travel and go for stamping?

 

1. No issues.

2. Better to have it

[jitheshktv]

Thank you Rahul. Do you know about my question 3?

[jitheshktv]

Did anyone come across such a situation with a positive result?

[saip78]

^{Jay: I don't think starting GC process will have any issue when you can ur in india....you can start the process as the initial process to file PERM will take 3-4 months and you can ask the employer to start the process and it will not have any impact ...1 month will not make huge difference and always suggested to have it start once you are here.}

[pontevecchio]

3. No. The H1 stamp is for the H1 petition with B .

[jitheshktv]

Thanks everyone for your reply. Any idea how many pay stubs with the current employer is good enough when you go for a VISA interview?. (I will have only one month's payslip from my current employer, but the previous employer's payslips will be available with me)

[pontevecchio]

Pay slips are meant to show valid status. You are overthinking the process