Immigration Issues/H1B Transfer query

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Question
Many thanks for looking into this question. I need a clarification on this H-1B Transfer situation.
  
1.   Iam working for company A in the US. Company B is going to file a premium processing H1 Transfer for me.
2.   Issue is that I have to resign only in India according to Company A policy with a  notice period of 75 days.

What do I do in this case ?  Can I travel to India after H1 Transfer is approved ( while still an employee of company A ), resign in India, travel back to US after 75 days and start work with company B ?
Will I have any issues at port of entry or will I have to go for visa re-stamping in this situation ?

Regards,
Kumar


Answer
Hi Kumar,

If you are employed by Co. A and still in the U.S. when Co. B's H-1B petition is approved, and you are granted change of status with new I-94, then you can depart and enter the U.S. on existing unexpired H-1B visa stamp which has Co. A's name. You can carry with you the H-1B approval notice issued by the USCIS through Co. B when entering the U.S. and if asked by an immigration inspector you can state that you will be working for Co. B.

Regards,
Ajay K. Arora, Esq.
www.h1b1.com

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Ajay K. Arora

Expertise

I can answer your questions on employment and family-based U.S. Immigration Law. Expertise in various immigration categories includes the following: H-1B, L-1, O-1, PERM (labor certification), EB-1 to EB-3 I-140 employment-based immigrant petitions, family or fiance(e) or spousal sponsorship, visa extension or change of status, adjustment of status, naturalization (citizenship), etc.

Experience

Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

Organizations
American Immigration Lawyers Association (AILA) full member since 1995.

Education/Credentials
Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

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