Can I travel India if visa transfer is done but want to join new employer after few days of the trip

USA H1B Visa
1

Hi,

Currently I am working on H1B for Employer A(visa is expired, extension is approved till May-2020). I have found a new job with employer B and H1B transfer is approved. I wanted to visit India for a month and will join employer B there after. I have below questions :
1. I am still with employer A and haven’t resigned. Would I get my visa stamped, based on employer A extension or based on employer B approval?
2. If I get visa based on employer A extension, what should I show at POE(port of entry) - is i94 based on employer A or employer B?
3. if I get visa and i94 based on employer A, Can I join employer B in few days after coming to US?
4. If not, Do I need to re-stamp my visa based on employer B approval after coming to US to join employer B? Or Do I need to file amendment/petition again with employer B?

2

You should use the H1B approval from the employer, who you will work for immediately after you enter US, because, those are the details that will be used by USCIS for issuing your I-94 validity.

If you use Employer A, after you enter US and work with them for few days/ weeks you can transfer to Employer B, it should not be a problem. You do not need to go for re-stamping again to work for employer B. Read H1B Stamping after Transfer

3

Thanks Kumar.

  1. During stamping, will I get visa based on employer A or B?
  2. After coming to US if I get i94 based on employer A - can I join employer B after 3/4 weeks working for employer A?