Question I already have a valid H1-B visa stamped from Company "A" . It was stamped on November 2006 . However I have not yet traveled on that visa to the US . I am in India . Now my current employer "Company B" is offering me a job in the US . They are ready to file a new petition (since I have approved H1 I will not fall in the H1 cap). However they are saying that since I already have approved H-1B from Company A and a valid visa "stamp" I DO NOT have to go to the consulate. If I have the approved H-1B and no visa then I would have had to visit the consulate. As long as I hold a valid H-1B visa with "company A" then I can travel with that and then I must also present the approval notice for "Company B" at the port of entry. My question is
a. Is this legally possible ?
b. Is there any risk in doing so (like deportation) at the port of entry? What kind of answer should be given at the port of entry (The real reason from my side is that the offer was better from my current employer and my current company is a better company)?
Answer Hi Sivakumar,
I agree with Company B's advice. When entering the U.S., show the approval notice for Co. B. There should be no problem in entering the U.S. as you already have an unexpired visa through Co. A.
As long as you are honest in your intentions (showing Co. B's approval notice at the port of entry) there will be no future negative consequences.
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.
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.