I came to US in March 2006 on H1 Visa from Company A. That Visa was valid till 05/12/2008.
In April 2007 I left Company A and joined Company B.
Company B had applied for H1 transfer in March 2007. The H1 transfer (I-797)
got approval in July 2007 which is valid upto 03/20/2010. I did not go out of US since I enter for first time. So I have not got Visa stamped on my passport for I-797 from Company B.
I was never out of status. I have pay stubs for all the months. I have a long term client. I am planning to go to India in Oct 2008.
Questions :
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1. My concern is Company B is a startup (very small) consulting company (3 employees) , because of this are there any chances that Visa will be rejected at US consulate in India ?
2. Because of this If I want to have some kind of backup and for that I want to apply for transfer of H1 to company C. But I dont want to join the company C but stay with Company B only.
I understood from many forums that this is legal. Do I need to return all I-94 while leaving US
(attached to Passport while entering with Visa for Comp A, attached to Comp B's I-797, and attached to Comp C's I797 ) ?
3. If US consulate in India rejects the Visa stamp for company B's I-797 then can I
go for Visa stamping again based on company C's I-797 as H1 transfer case ?
Please note that I would not have joined this company while I was in US but intend to join after coming back from India only if Visa is rejected for Company B's petition. So I wont have any pay stub for Company C.
My first preference is to stay with Company B. but in case the Visa stamping is rejected I dont want to wait for next year's H1 CAP to open and apply as a new H1.
Thats the reason I want to have some backup plan.
In April 2007 I left Company A and joined Company B.
Company B had applied for H1 transfer in March 2007. The H1 transfer (I-797)
got approval in July 2007 which is valid upto 03/20/2010. I did not go out of US since I enter for first time. So I have not got Visa stamped on my passport for I-797 from Company B.
I was never out of status. I have pay stubs for all the months. I have a long term client. I am planning to go to India in Oct 2008.
Questions :
==================
1. My concern is Company B is a startup (very small) consulting company (3 employees) , because of this are there any chances that Visa will be rejected at US consulate in India ?
2. Because of this If I want to have some kind of backup and for that I want to apply for transfer of H1 to company C. But I dont want to join the company C but stay with Company B only.
I understood from many forums that this is legal. Do I need to return all I-94 while leaving US
(attached to Passport while entering with Visa for Comp A, attached to Comp B's I-797, and attached to Comp C's I797 ) ?
3. If US consulate in India rejects the Visa stamp for company B's I-797 then can I
go for Visa stamping again based on company C's I-797 as H1 transfer case ?
Please note that I would not have joined this company while I was in US but intend to join after coming back from India only if Visa is rejected for Company B's petition. So I wont have any pay stub for Company C.
My first preference is to stay with Company B. but in case the Visa stamping is rejected I dont want to wait for next year's H1 CAP to open and apply as a new H1.
Thats the reason I want to have some backup plan.