You are here:

Immigration Issues/Return to India during H1 Transfer

Advertisement


Question
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.


Answer
Kumar,
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
www.ashleykrishnan.com

Immigration Issues

All Answers


Answers by Expert:


Ask Experts

Volunteer


Mark Ashley

Expertise

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,www.ashleykrishnan.com.

Experience

18 years as a practicing attorney.

Organizations
Member of AILA

Education/Credentials
JD from St. Mary's University, Texas.

Awards and Honors
American Jurisprudence Award recipient

©2016 About.com. All rights reserved.