H1B Transfer outside US & Before entering USA

[sheriff]

Hi Friends.

 

I Need clarification regarding my h1b Transfer.

 

 

Company A Applied for H1B for me in 2013 and got selected in Draft lottery and i did the stamping in November 2014. I have my H1B visa Valid until November 2016 with Company A and i Never entered USA til now.

 

Currently i quited from current company to join Company A. However my current company agreed to transfer my H1B  to them and deploy me for  the same client in USA for whom i am  currently working..

 

Company B(my current Company) currently processing my H1B transfer to their office in America(its MNC)

 

My doubt is

 

 

1) if my H1B transfer to current company  is Denied, Can i enter with a USA with current valid stamping and start working for Company A

 

2) The designation from Company A and Company B(current Company) is different. (Both roles are IT only, but with slight variations) . Will  the designations and job roles should be exactly same as company A?

 

 

Appreciate your input on this topic.

 

 

[jairichi]

1. Yes, only if company A has a job for you and they have not revoked your H1B petition.

2. Yes. Check with attorney.

[sheriff]

Thanks a lot  Jairichi.... for your inputs.

 

for question 2) yes... meaning  designations and job roles should be exactly same as company A ?

 

Also could you help me out to clarify this doubts.

 

 

3) Once my transfer petition is approved, do i need to go for stamping again with consulate? i am seeing lot of forums stating it is not required and few stating it is required. When i checked with my company, they are telling i need to go for stamping.

 

4) if i go for stamping, will there be any chance for denial, in-worst case, can they cancel  my current H1B visa ?

 

Looking forward your Response.

[jairichi]

Thanks a lot  Jairichi.... for your inputs.

 

for question 2) yes... meaning  designations and job roles should be exactly same as company A ?

 

Also could you help me out to clarify this doubts.

 

 

3) Once my transfer petition is approved, do i need to go for stamping again with consulate? i am seeing lot of forums stating it is not required and few stating it is required. When i checked with my company, they are telling i need to go for stamping.

 

4) if i go for stamping, will there be any chance for denial, in-worst case, can they cancel  my current H1B visa ?

 

Looking forward your Response.

2. Does not have to be exactly same. A reasonable amount of difference is acceptable. That is why I responded to get in touch with an attorney.

3. If your new I797 comes with an I94 there is no need for visa stamping. When you leave US and try to re-enter you need a valid H1B visa (even if it is from old employer) and I797.

3. If all documents are good I do not think there will be an issue.