Moved out of US while H-1B transfers from company A to company B and then entering US

[mohitagrawal78]

Currently I am in US on H-1B for Comapany A, which is due to expire in next 7 months. This is my first H-1B. Company A is sending me back to my home country in a week. Before I leave I am planing to initiate my H-1B transfer to Company B. My plan is that when my transfered gets approved in about 3-4 weeks or so (While I will be in my home country working for Company A) then I will come back to US using company A's VISA and Company B's approval letter (I-797, offer letter). Also to immigration officer at port of entry I will mention that I am NOT going to work for Company A (whose name they can see on my VISA as petitioner name) but instead I will join and work for Company B as soon as I arrive in US. I need to take decision soon. Please let me know as soon as possible as to where in my plan I am wrong. Also do you see any other problems or have any other suggestions.

Awaiting reply ASAP
-- Mohit

 

[ginnu]

Currently I am in US on H-1B for Comapany A, which is due to expire in next 7 months.
This is my first H-1B. Company A is sending me back to my home country in a week.
Before I leave I am planing to initiate my H-1B transfer to Company B.
------------------Let the company B file H1 transfer when you are in US. H1 transfer petition should reach USCIS before you go out.
My plan is that when my transfered gets approved in about 3-4 weeks
-------------If filed with premium processing (extra Fee) then it can be approved in 20-25 days from the date USCIS receives the H1 transfer petition. If not filed with premium processing then it can take 3-5 months for approval. or so (While I will be in my home country working for Company A) then I will come back to US using company A's VISA and Company B's approval letter (I-797, offer letter).
------------------ When you come to US and want to work with B then at POE show the Valid Visa stamp through A that is stamped in your Passport AND H1 transfer approval of B and the POE officer will give you I-94 till H1 Transfer approval notice. Check the validity of I-94 and if any mistakes point it to officer. From the H1 transfer approval notice the officers knows that you are going to work with B. no need to discuss more info with POE officer. Provide answer only if they ask. Keep employer B letter with you and show only if asked.
Also to immigration officer at port of entry I will mention that I am NOT going to work for Company A (whose name they can see on my VISA as petitioner name) but instead I will join and work for Company B as soon as I arrive in US.
----------read above.
I need to take decision soon. Please let me know as soon as possible as to where in my plan I am wrong. Also do you see any other problems or have any other suggestions.

Awaiting reply ASAP
-- Mohit

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