Visa stamping after H1 transfer

webee_usa

New Member
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.
 
Answers below:
1. All depends whether the application is genuine or not, also the employer credentials etc.
2. Did you applied a visa transfer from employer B to C? Well, upon approval, you are legally authorized to work for employer C only. Also please note that a new I-94 overrides the old one (for example - employer A's I-94 is now void).
3. Under the above circumstances if you go for visa stamping for employer B the application will be definitely rejected on unauthorized employment ground. So you have to reserve another appointment for employer C. If that's a transfer application then that will be rejected too due to lack of employment.

The solution is to either forget about employer C or at least file a new visa to be issued at the consulate.
 
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