Immigration Issues/H1 Transfer Before travel to US
QUESTION: I got my H1b stamping through employer A in April 2007. I have my I-797 with me from this employer A. I am working in India for employer B and am yet to travel to the USA. Now my current employer (B) in India wants to get this H1 transferred to their own. They say they have applied for a transfer and are waiting for a reply from USCIS. I am not sure what this means. Will I receive a new I-797? Is it possible to get the visa transferred while in India (before even traveling to the US)? Will there be any legal troubles that I should take care?
Company B would have applied for an H-1B on your behalf and asked for consular processing. You will receive a new approval notice (I-797. I do not see anything wrong in this.
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QUESTION: I have the US Visa Stamping on my Passport from Employer A. The Stamp has the employer name on it. Now I have I-797 from both employer A and my current employer B. (Two I-797 forms even before traveling to the US).
Can I travel to the US with the current VISA and work for employer B? OR Do I need to get another stamping on my passport with employer B's I-797? What happens to the I-797 from employer A?
Dear Kishore: Mostly the USCIS guidance on this issue is related to an H, L, O, or P nonimmigrant alien who changes employers in the United States and the validity of the existing visa. In your case you have not been to the US under H-1B. In my opinion if the old visa is still valid, you are not required to get a new visa - you show the old H-1B visa and the new H-1B approval notice to CBP when you enter to get an I-94 good for the validity of the new petition.You maybe required to show the old employer A approval notice also.
However, to play it safe I would suggest that you obtain a fresh H-1B with the Employer B's name on it.
Attorney at Law