Can I get H1B visa stamp from India when H1-H1 port is taking place

[sdr22]

Hi,
I had come to the US on F1. I am currently on H1. I never left the country since the last time I came to the US. I donot have a H1B stamp on my passport. I work for a company who hold my H1. I have approval notice and I-797 from this company. I am moving to a new company and they have filed for my H1-H1 port (RD: 7/24/02, ND: 07/29/02, VSC).

I need to got to India urgently. Can I get a H1B stamp based on my earlier I-797 and the new I-129 receipt notice?
What is the risk involved?

Any inputs would be greatly appreciated.

Thanks

 

[jaxen]

U can get H1 stamp but...

when you come back, you will get a new I94 which will mess up your track record with INS. When you applied for h1 transfer you had given a I94 and INS will issue h1 approval with the same I94 number...
Some take this seriously since , there is a remote possibility of abandonment of h1 transfer because you had travelled outside US. You should add consular notification to H1 transfer ...
Meanwhile another way to fix this is to visit canada or mexico en route to your home country and get the h1 stamp.

However, if you have already started working for new company you are in a jeopardy. Consult a lawyer ASAP.