kumarcol Posted June 25, 2015 Report Posted June 25, 2015 Hello i have valid H1 with company A from 2012 which expires in Sep 2015 (first 3 year) and I have joined company in Dec 2014 ( 6 month back - h1 transfer) and have left the company B & traveled to India couple of months back. I have Company A I797 and Visa (Expires Sep 2015) I have Company B i 797 and No Visa yet (expires 2017) (1) can I travel to USA thru company A without Visa stamping? what are the process? (2) Can I Join new company C and travel to USA? what are the process? Many thanks for all your suggestion, which would be really helpful for me.
jairichi Posted June 25, 2015 Report Posted June 25, 2015 You need to have a valid H1B visa (doesn't matter which employer) and a valid I797 to enter US. Currently do you have a valid petition and I797? Looks like you do not have from A and B. So, C has to file a cap exempt H1B petition and on approval you can travel with their I797.
JoeF Posted June 26, 2015 Report Posted June 26, 2015 You can travel with the existing valid visa and the approval notice from B, but only if you are going to work for B. If you want to change to C, you have to wait for the H1 approval from C.
livliv Posted June 26, 2015 Report Posted June 26, 2015 You will need to have a valid approved petition from the corresponding employer to travel to US. Your Visa also has to be valid on the day of travel.
kumarcol Posted June 29, 2015 Author Report Posted June 29, 2015 Thank you for your prompt notice. i have I 797 from both employers A (Expires on Sep 2015 as per document) and B (Expries 2017) and Visa from employer till Sep 2015. What do you mean 'Valid' petition? are those I 797 docs which I have from both employers are not valid? If employer A would like to rehire me, Can I travel with their existing I 797 and Visa (whiich expires by Sep 2015).?
jairichi Posted June 30, 2015 Report Posted June 30, 2015 Thank you for your prompt notice. i have I 797 from both employers A (Expires on Sep 2015 as per document) and B (Expries 2017) and Visa from employer till Sep 2015. What do you mean 'Valid' petition? are those I 797 docs which I have from both employers are not valid? If employer A would like to rehire me, Can I travel with their existing I 797 and Visa (whiich expires by Sep 2015).? Normally when an employee leaves an employer then the H1B petition has to be revoked by law. In that case you cannot just enter with H1B visa and I797. If your intention is to work for employer C then that H1B petition has to be approved for you to enter US. If employer A wants to rehire you then a cap exempt H1B petition has to be filed and approved to get new I797. Old I797 you have is not valid anymore.
livliv Posted June 30, 2015 Report Posted June 30, 2015 It is valid if not expired and not withdrawn by the employer. If you use A's petition, you have to join A, if you use C's petition you have to join C. Name of employer on the Visa does not matter, it just needs to be valid (not expired) on the day of travel.
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