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Immigration Issues/Return to India during H1 Transfer


I work for Company A in US on H-1 and I have latest 1 month payslip. Company B wants to transfer the H-1 on premium processing. My company A policy states that I have to come back to India in order to resign. This is what I plan to do :
a. Start H1-B transfer to company B under PP while iam in US working for company A
b. Leave US while H1-B transfer is in progress. At this point Iam still working for company A.
c. In India, I will resign in Company A.
d. Company B will mail me ( to Indian address) the approved H1-B transfer petition.
e. I plan to enter to US with visa of company A and petition of company B. After entering US, I will start  work for company B.

Is there any issue with my above plan ?  do I have to get my visa stamped again for company B even if company A visa is still valid ?

Pls clarify. Thanks in advance.

Your plan looks good as I believe that my law partner has already answered it.  You need to port (start working for Company B)before you leave for India.  In my opinion, you do not need to get a visa stamp.  
Good Luck
Mark Ashley

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Mark Ashley


Business Immigration. My practice focuses on representing researchers, scholars, and other advanced degree professionals with filing NIW, EB-1,O-1, H-1, L-1 petitions. I am a founding partner in the immigration law firm Ashley & Krishnan,


18 years as a practicing attorney.

Member of AILA

JD from St. Mary's University, Texas.

Awards and Honors
American Jurisprudence Award recipient

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