H1 visa rules queries for gurus. Please help.

dgiskool

Registered Users (C)
Hi,

My 2nd term on H1B started in August 2004 and it expires in June 2007. I've got the H1B stamp valid upto June 2007 on my passport. I'm going to India for 3 months on a business trip (company project ) next week. However, our company has announced a round of layoff and my job might be terminated while I'm there in India. So I have few doubts about certain options:

1) Can I apply for H1B visa for another company right now before leaving for India and still work for my current employer? That way there will be two H1 visas will be concurrent. Will my current I-797 be still active? To be specific, can I hold two H1Bs active at a time without my current employer being aware of it?

2) If I apply for H1B transfer right now then can I leave United States while that transfer is in progress i.e just after it is received by INS?

3) If I want to apply for H1 visa for new company then can I do so while I'm in India?

If the answers to the above questions is yes then please read:

3) If I get laid off by my current employer while I'm in India and assuming that they keep me on payroll for 1 month then can I come back on my current employer's I-797 during that 1 month? or will it cause any problems at the port of entry?

4) If I get laid off by my current employer while I'm in India then I would like to explore Indian job market for 3 months before trying to come back. So, can I come back on my new employer's I-797 after like 3 months and even though my H1B stamp on my passport is for my current employer? OR should I have to redo my H1-B stamp on passport with my new I-797 for the new company? Will an I-797 for an employer different than the H1B stamp on passport cause any problems at the port of entry, even though I've the pay stubs, offer letter for the new employer?

An immediate reply would be appreciated.

Thanks in advance.
 
dgiskool said:
Hi,

My 2nd term on H1B started in August 2004 and it expires in June 2007. I've got the H1B stamp valid upto June 2007 on my passport. I'm going to India for 3 months on a business trip (company project ) next week. However, our company has announced a round of layoff and my job might be terminated while I'm there in India. So I have few doubts about certain options:

1) Can I apply for H1B visa for another company right now before leaving for India and still work for my current employer? That way there will be two H1 visas will be concurrent.
--yes
Will my current I-797 be still active? To be specific, can I hold two H1Bs active at a time without my current employer being aware of it?
------ yes
2) If I apply for H1B transfer right now then can I leave United States while that transfer is in progress i.e just after it is received by INS?
---yes
3) If I want to apply for H1 visa for new company then can I do so while I'm in India?
----- if it is newH1 then it can be done as employer has to file, if it is transfer then it should be filed when you are in US with valid I-94
If the answers to the above questions is yes then please read:

3) If I get laid off by my current employer while I'm in India and assuming that they keep me on payroll for 1 month then can I come back on my current employer's I-797 during that 1 month? or will it cause any problems at the port of entry?
----- if you are laid off and employer informs USCIS then you will not be able to enter as your H1 petition will be revoked but if you get H1 transfer approved then you can show present visa stamp and new H1 transfer approval at poe and can enter
4) If I get laid off by my current employer while I'm in India then I would like to explore Indian job market for 3 months before trying to come back. So, can I come back on my new employer's I-797 after like 3 months and even though my H1B stamp on my passport is for my current employer?
----- only if you get your h1 tranfer approval notice, if it is new fresh H1 then you need to get new H1 visa stamp for new employer then enter

OR should I have to redo my H1-B stamp on passport with my new I-797 for the new company?

--- yes if it is new H1
Will an I-797 for an employer different than the H1B stamp on passport cause any problems at the port of entry, even though I've the pay stubs, offer letter for the new employer?

An immediate reply would be appreciated.

Thanks in advance.
 
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