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Valid Old H1 Visa and stamping on transfered I-797 petition

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  • Valid Old H1 Visa and stamping on transfered I-797 petition

    Hi,

    I have moved from employer A to employer B in july 2011 and on payroll of employer B sinc ethen. I have a H1 visa stamped on petition with employer A till Septmeber 2012. I will be going to home country Feb 2012 and come back in march 2012. I know that I need not have the visa on petition from employer B to enter US

    But I prefer having the visa stamp on employer B as I will be getting the visa till June 2014. I have few questions regarding this:

    1. Is there any rule which avoids Visa stamping with employer B petition in Feb 2012 when I have a valid visa with emplyer A till Sep 2012

    2.If the visa stamping on petition from employer B is rejected due to any reason, can I enter US with visa from employer A

    Please provide advice

    Thanks in Advance,
    Dilip Kumar

  • #2
    Originally posted by dilip79kumar View Post
    Hi,

    I have moved from employer A to employer B in july 2011 and on payroll of employer B sinc ethen.
    I have a H1 visa stamped on petition with employer A till Septmeber 2012.
    ---------How you got H1B VISA stamped on Petition? Visa is stamped in passport. I think you have H1 Visa stamp based on Employer A in your passport.
    I will be going to home country Feb 2012 and come back in march 2012. I know that I need not have the visa on petition from employer B to enter US
    -------------- You mest show the Present Visa stamp AND H1 approval notice at POE and you will get I-94 till New Employer H1 approval notice.

    But I prefer having the visa stamp on employer B as I will be getting the visa till June 2014. I have few questions regarding this:

    1. Is there any rule which avoids Visa stamping with employer B petition in Feb 2012 when I have a valid visa with emplyer A till Sep 2012
    --------- if you are from India they may delay the visa stamping. Why to take the risk? you CAN get I-94 till the validity of Employer B H1 approval notice till 2014( you must show the H1 approval notice at POE.
    2.If the visa stamping on petition from employer B is rejected due to any reason, can I enter US with visa from employer A
    ---------They have many reasons to revoke H1 visa. If employer B has any H1 violations or kept H1 holder on bench or Consulate has adverse information about B then they can delay or can reject B h1 visa stamp. Why to take the risk? If the consulate reject Visa of B then how you can enter on Visa stamp of A when you are not working with A? A might have revoked your H1 petition by writing to USCIS. Donít mix H1 petition with H1 Visa sticker
    For more info you can talk to company B Lawyer.


    Please provide advice

    Thanks in Advance,
    Dilip Kumar
    -------------------
    Remember, I am strictly a layperson without any legal training. Please, if in doubt, be sure to use the services of a professional lawyer whom you trust.

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