New company H1B petition in the presence of an approved H1-B renewal petition

yanni_rahman

New Member
I am on an H1B visa that expires 12/14/2003. My existing company filed for an extension and I have the approved renewal petition. However, I do not have a visa stamp with the renewal.

Now I have an offer from another company that I am inclined to take up. As part of this new job, I would need to travel to Germany ASAP.

Does this mean..

1) The new company applies for a new petition.
Once the approval is obtained...
2) They apply for my German visa....
Once the visa is obtained....
3) I travel to Germany with all my documents...
4) Get my visa stamping done in a US consulate in Germany (or if necessary go to India for this)
5) Return back to the US on a stamped visa.

I am assuming
1) A new H1B petition will be approved even though I have another approved renewal notice.
2) German consulate will give me a German visa even though my passport will show an expired US visa (as mentioned first leg of H1B expires 12/14/2003 and I have not stamped my visa yet)based on the approval notice.
3)I will have no problems getting my visa stamped after all this.

Phew -- this is complicated...Am I thinking this through? Are the assumptions correct along the way?

I would appreciate a quick response.

Thanks in advance.
 
1) Only transfer H1B , not new. The result would be same anyway.
2) Yes.
3) Yes
4) Yes. (Check the US consulate in Germany whether or not. Different US consulates have different rules)
5) Yes.

1) Yes (it is transfer not new since you are in H1Status already).
2) hopefully. I do not know German rules.
3) Hepefully not. What you do is common.
 
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