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Is It Better to Go for Stamping Before or After H1b Transfer is Completed

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  • 09-20-2012, 08:38 PM
    immibop
    Is It Better to Go for Stamping Before or After H1b Transfer is Completed
    I am an Indian citizen. I am on a nonprofit
    H1B since 2008 with employer A. I completed my 3 yr quota in Dec, 2011.
    I got another 3 yr extension with employer A starting in Jan 2012 and ending in Dec 2014.
    I am working with employer A.
    Currently I have a approved I797 issued by employer A, ending Dec 2014.

    I will be joining a new (non-profit) employer B starting 1 Dec, 2012. My last working day
    with employer A is 30 Nov, 2012. Employer B has filed an application for H1B transfer on 1 Sept. 2012
    and it is in process.

    The stamping on my passport has expired.
    I want to visit India sometime in Oct or Nov (ideally from 15 Oct to 10 Nov). My next stamping will
    be the second H1B stamping.
    The question is should I visit India only after my transfer is complete? There are two possibilities:

    (1) Visit India before the transfer is complete. In this case I will have to show to the immigration officer
    the I797 issued by employer A. If he asks for the appointment letter I think I will have to show the one by
    employer B. Will this be a contradiction? The appointment letter from the last employer (A) went till
    Aug, 2012. I am still working and getting paid, but employer A never issued an appointment letter going from
    Aug 2012 to 30 Nov 2012.

    (2) Visit India only after the transfer is completed. If the transfer is not completed within he next week I
    will apply for premium processing and visit India with 797 from B. In this case I will show to the immigration officer I797
    issued by B and
    appointment letter from B. So there is no contradiction. But the catch is that after I return from India I will
    continue working for employer A for a few days. For example if I return on 10 Nov, I will continue working
    with employer A for 20 more days. (I will be going to India taking leave from employer A). So I will be
    on the payroll of A till Nov 30.

    Question is which of the two possibilities should I act on ?
    In possibility (1) there is a contradiction; also many of my
    friends have warned me that it is not a good idea to go for stamping when transfer is in process.
    In possibility (2), after
    the stamping (using 797 of B) is done, I will work for employer A for some time. Is this illegal?
    Which possibility is more risky from the point of view of the stamping being denied?

    I have never applied for green card.

    Thanks
  • 09-23-2012, 10:17 AM
    Mr. Knowitall
    Re: Is It Better to Go for Stamping Before or After H1b Transfer is Completed
    I don't like #1 because you will, from what you've stated, be presenting documentation establishing that you are ineligible to return to work for your former employer. Your new employer's appointment letter isn't going to cut it. Also, I assume that your petition did not include a request for consular processing and, if not, you should not leave the U.S. while the change of employer petition remains pending.

    I don't like #2 for the reason that you cannot document that you remain employed by Company A, and if you show that you're authorized to work for Company B starting on December 1 they may well respond, "You can enter up to ten days in advance of your start date. Come back then."
  • 09-24-2012, 07:24 PM
    immibop
    Re: Is It Better to Go for Stamping Before or After H1b Transfer is Completed
    Thanks, Mr. Knowitall.

    Can you give your opinion on option 3:
    (1) Visit India, begining 1 Nov. Go to the consulate on say 10 Nov with documents (797, appointment letter).
    Get it stamped and return to US in last week of Nov. and start working for Employer B on 1 Dec.
    Do you think going to US consulate around ~15 Nov is a better idea than going ~15 Oct ? thanks
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