I have a stamped H1 B visa (sponsored by an Indian IT Vendor), which is currently under amendment since the work location has changed. I have never travelled to the US before, and expect to do so once my amendment is approved. In the meanwhile I have an offer from my end client as well to work with them under direct employement in the US. So my question is, can I travel to the US on the amended Visa , start my work and simultaneously have the US client file for a new H1 B petition for direct employemnent ? Do i have to resign from my Indian company and join the US company before they can file for H1 B ?
If you have NEVER Traveled, you must get a new visa stamped with the new H1B Employer. You can not use the same visa to travel the first time.
If the IT vendor supports your travel, then you can travel through them using the amended petition and current visa stamp. Once in US, the new employer can file for cap-exempt petition for you.
You can join the new employer as soon as the transfer petition is received by USCIS. People avoid this and wait for actual approval when they are not sure about approval petitions’ success. You can resign from old employer anytime after the petition has been received or can continue to work for them even after the petition has been approved. You will have to time it and discuss w/ your employer considering their policies.
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