Dear Friends,
Need some clarification and advice from you guys. Your response will be greatly appreciated.
My employer has two companies A and B. I currently hold a valid H1 with company A which expires on March 9th. A new petition has been filed for me through company B. I am intending to go to India to get married and make a reentry without going for stamping. I want to make a reentry based on the I-797 of company B two days before the expiration of my visa.
Till now it’s a fairly simple case, but here is the twist…
I have a job offer from company C and I intend to work for company C after I come back from India. Company C will be filing H1 transfer based on A’s petition. My petition with B hasn’t been approved yet so I can claim that I am not B’s employee! C would be filing under regular processing so I am sure my case won’t be approved till I come back into the country.
Q1: Can I join C straight away after entering USA based on B’s I-797 and B’s I-94?
Q2: If I choose to take a chance and enter USA back with the receipt number of C’s petition, will that be a problem? (I will only have 2 days of valid H1-B stamp on my passport stamped for company A and I probably will be given an I-94 just for 2 days of stay).
In this case, will I be able to start work immediately for C (based on receipt number) after I am in the country and file for an extension of stay within 30 days? Or should the I-94 extension be filed before the expiry date of the previous I-94?
Q3: If it helps I can have company C do premium processing by shelving 1k out of my pocket. But the risk involved is that my petition doesn’t get processed in time before I leave the country (in 2 weeks) or within the time I come back to USA (March 9th). Will premium processing serve as a safe bet or will it further complicate things and I stand with an invalid petition if it isn’t approved by the time I reenter USA?
Q4: Leaving the POE issue aside, I think I can legally join company C as long as I get the receipt number from the INS. What will happen if my petition is denied for company C? Will I be considered out of status? I am sure I can convince my current employer to not invalidate my H1B petition from company B.
Any help/guidance will be greatly appreciated.
Thanks…
Need some clarification and advice from you guys. Your response will be greatly appreciated.
My employer has two companies A and B. I currently hold a valid H1 with company A which expires on March 9th. A new petition has been filed for me through company B. I am intending to go to India to get married and make a reentry without going for stamping. I want to make a reentry based on the I-797 of company B two days before the expiration of my visa.
Till now it’s a fairly simple case, but here is the twist…
I have a job offer from company C and I intend to work for company C after I come back from India. Company C will be filing H1 transfer based on A’s petition. My petition with B hasn’t been approved yet so I can claim that I am not B’s employee! C would be filing under regular processing so I am sure my case won’t be approved till I come back into the country.
Q1: Can I join C straight away after entering USA based on B’s I-797 and B’s I-94?
Q2: If I choose to take a chance and enter USA back with the receipt number of C’s petition, will that be a problem? (I will only have 2 days of valid H1-B stamp on my passport stamped for company A and I probably will be given an I-94 just for 2 days of stay).
In this case, will I be able to start work immediately for C (based on receipt number) after I am in the country and file for an extension of stay within 30 days? Or should the I-94 extension be filed before the expiry date of the previous I-94?
Q3: If it helps I can have company C do premium processing by shelving 1k out of my pocket. But the risk involved is that my petition doesn’t get processed in time before I leave the country (in 2 weeks) or within the time I come back to USA (March 9th). Will premium processing serve as a safe bet or will it further complicate things and I stand with an invalid petition if it isn’t approved by the time I reenter USA?
Q4: Leaving the POE issue aside, I think I can legally join company C as long as I get the receipt number from the INS. What will happen if my petition is denied for company C? Will I be considered out of status? I am sure I can convince my current employer to not invalidate my H1B petition from company B.
Any help/guidance will be greatly appreciated.
Thanks…