H1B Transfer approved with Employer B, Entering USA with Employer B petition

[vaish123]

Hello,

 

Currently in India.

I have a Valid Visa till Oct 2016. with Employer A based on Approved I140. 

 

I have an Approved H1B Petition till June 2018 with Employer B after transfer.

 

Now my Employer A wants me to go to USA for an opportunity.

 

1. What would be the implications on H1B and I94 applied by Employer B if I go with Employer A.

2. Is it safe/ advisable to go with Employer A Petition.

3. What would be the (possible) dates on I-94 if I enter using Employer A petition.

 

On Other side:

4. If I decide to enter USA using Employer B Petition, is it fine to go with visa stamping on Passport from Old Employer A?

5. If I decide to enter USA using Employer B Petition, is it mandatory to show New I797 to get I94 date as per new petition?

 

Thanks!

Vaishali

[livliv]

1. No implications, since you are not in the US.

2. Yes, if you like the job/employer.

3. As per A's petition expiry.

4. If your intention is to join B, use B's petition to get the Visa. However, in general it does not matter whose petition you use to get the Visa. But if Visa and petiiton are from different employers at port of entry, you may have some explaining to do.

5. You will need a valid petition from B and valid Visa. I-94 will be given according to the petition that you show.

[lax1234522]

Hi Murthy,

 

I am currently in US on H1B. I have used 3 yrs of my H1B. Currently I got 2 job offers. I am looking for H1B transfer. I have queries - 

 

1. Can I file multiple H1B transfers. i.e. can company A as well as company B file for my H1B transfer. If yes, are there any complications, precaustions that should be taken care ?

 

2. New employer company A is asking to join them without receipt as they say it will take time. they are asking to submit documents and their legal department will give me date to join. Is it legal to join them without receipt.

 

3. Company A is smaller than my current employer, will there be any issues with H1 transfer ?

 

4. If I join them on receipt and if there are issues with H1B approval, what are options.

 

Appreciate your advise.