H1 transfer problem

M

macho.john

New Member
Hi,

I came to US on September 2007 on H1 visa for employer A. And till date I'm working with employer A. In between I transferred my H1 to an employer B and it got approved and I received I-797 (C) for employer B. Since I didn't get any good oppurtunities with employer B, I dont want to join them, Instead would like to continue with Employer A. I have the following questions regarding my current situation

1) Can i make an International travel in February 2009 with my old H1 with employer A and return back with the existing I-797 for employer A. (My visa with employer A is valid till May 2009). Will there be any issues at port of entry

2) Can I apply for H1-B extension with employer A as it expires on May 2009? Will employer A come to know that I have transferred my H1 to employer B, when I apply for extension?


Please help me.... Thanks in advance.
 
macho.john said:
Hi,

I came to US on September 2007 on H1 visa for employer A. And till date I'm working with employer A. In between I transferred my H1 to an employer B and it got approved and I received I-797 (C) for employer B. Since I didn't get any good oppurtunities with employer B, I dont want to join them, Instead would like to continue with Employer A. I have the following questions regarding my current situation

1) Can i make an International travel in February 2009 with my old H1 with employer A and return back with the existing I-797 for employer A. (My visa with employer A is valid till May 2009). Will there be any issues at port of entry
---------- If you have valid Visa stamp in your passport through A till May 2009 then you can go out in feb and can come back before May 2009.
2) Can I apply for H1-B extension with employer A as it expires on May 2009?
---------------------------YES(if you qualify).

Will employer A come to know that I have transferred my H1 to employer B, when I apply for extension?


Please help me.... Thanks in advance.
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But USCIS would consider him as working for B since he filed change of employer from A to B, due to this i am thinking he might have to file change of employer from B to A and extension of stay
 
whitemimauz3 said:
But USCIS would consider him as working for B since he filed change of employer from A to B, due to this i am thinking he might have to file change of employer from B to A and extension of stay
-----------------------------------Not needed as he is working with A and A has not revoked his H1 petition.
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Will there be any problem for me while re-entering to US, since my I-797 is for the new employer (Employer B) and how should I answer questions like where you are going to?...Since the I-797 and H1 visa stamp I have with me is for my previous employer (Employer A) and the one with port of entry authority records will be for Employer B. Please advice me how to handle a situation like that if any arises.... Thanks in advance............
 
macho.john said:
Will there be any problem for me while re-entering to US, since my I-797 is for the new employer (Employer B) and how should I answer questions like where you are going to?...

Since the I-797 and H1 visa stamp I have with me is for my previous employer (Employer A)
---------------Just show the H1 Visa stamp of employer A that is in your passport. you will get I-94 till H1 visa stamp. you can keep letter from Employer A that you are working with A and show only IF asked.

and the one with port of entry authority records will be for Employer B.
-------------------POE dont have record of your Employer B H1 petition.
Please advice me how to handle a situation like that if any arises.... Thanks in advance............
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ginnu
Sorry I beg to differ with you on this aspect. For some reason i disagree with what you are advising
macho.jonn you definitely need to consult competent attorney in this matter
 
whitemimauz3 said:
Sorry I beg to differ with you on this aspect. For some reason i disagree with what you are advising macho.jonn you definitely need to consult competent attorney in this matter
Click to expand...

Ginnu is correct. You cannot lose your H1 with Company A just because Company B files for an H1 for you.
 
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