H1 with B1 Documents.

Siraj777

Registered Users (C)
Hi,

I have H1 from company 'A' valid until 2007 (stamp on passport, but the I129 petition expires in 2003), was laid off and came back to India. Company 'B' in India want to send me to US. Can I travel on the same visa which is valid until 2007 with supporting documents from company 'B'. The supporting documents are similar to what the company gave to the consultants who are accompanying me to USA on B1 visa.

Company 'B' is promising to do H1 transfer / File I129 as soon as I land in USA. Is it safe to travel in the current conditions to USA?

What will be my answer, if the immigration ask me at Port of Entry -- Which company I work for?

Your advice is highly appreciable.

Siraj.
 
No

You cannot enter with mere "documents". To use portability your company should have applied for h1 and the documents you carry should show that a h1 application was made.

If you plan to give company A as the answer, you might be asked to give some documentation (paystubs, letter etc.) from company A- although that practice is rare (like if you enter thru a different state although your company A address is elsewhere, etc.)

Moreover, How will you know whether your old employer cancelled your h1 or not?
 
Thanks but...

I contacted company 'A', they informed INS about my cancellation (sent the letter), but they haven't received any confirmation letter from INS.

I don't want to risk myself. I told company 'B' to send me by B1 visa, but the travel agent (who is handling bunch of B1 visas for the company B) saying, I CAN'T GET NEW B1 VISA WHEN OLD H1 VISA IS STILL VALID.

Please help.
 
INS

will not send any cancellation confirmation. Tell travel agent that h1 is no more valid. Generally the consulate will strike out the h1 visa stamp.
 
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