very unique situation ! Please advice

srikanthsiva

Registered Users (C)
I was laid of in February....i found another job that starts only in august....my lawyer is currently applying for the new h-1. Since my job only starts in august, i thought i would ask my former company to send me back to my home country as specified in h-1 law. They have agreed.

I intend to come back in august with the new h-1. Do u think this would be a problem??
Will it affect my current multiple entry visa? (valid till december 2004)
 
Apply for H1 visa stamp again...

if you are asking your current employer for your return trip, most probably they will revoke the H1 approval too. So it will be better to enter in August using the new I797 approval and getting a new stamp in your passport.
No other possible issues.
 
Somebody answered from DOS?!?

Do you know INS belongs to DOJ and those are guys the who has to decide whether to let you in at the POE?
What if your first visa employer revoked your H1? That means that in the INS database (at the POE) it is going to show that your H1 (for which you have the stamp) has been invalidated!!
In many cases, when there is a H1 holder returning to US after a long time abroad, the INS officer might ask for evidence that the original employer still is going to pay you - evidence like a letter from the employer.
 
No Title

your case is NOT H1B tranfer case, You will get NEW H1B approval, that is the reason you need new H1B visa stamped in your Passport with the Company name who is applying for your NEW H1B
 
what if.........

If u have 2 h-1B, and you work for both companies and if u have multiple entry stamp under the first company and you quit the first company, does that mean that the multiple entry is now invalid? And that one needs to get a new multiple entry again? Because this is not a transfer
 
Top