Employer A Visa Stamping while Employer B H1 Transfer is pending.

Hello Gurus, I’ve a quick question please. Appreciate your opinion in this regard. Thanks in advance for your opinion! Appreciate it.

I’m with Employer A currently. I will be travelling to India on Feb 28th and my Visa Appointment (Employer A) at Chennai is on March 10th.

Meanwhile, Employer B applied for H1 Transfer on 19th Feb in Premium. I dont think I will receive an approval before I leave.

Question 1: Do you think the travel will impact the H1 transfer decision (Emp B)?

Question 2: Do you think the H1 transfer will impact the Visa interview (Emp A)?

Thanks again!

At the outset, the situation is very complex and can result in various scenarios. It can best be described using a flow chart with IF Yes or No conditions! Points of concern: Petition approval, Stamping, PoE, and after all that once you come back whom do you start working with - A or B.

It would be best to try and postpone your travel since Premium cases will be decided in <15 days. Also, check with attorney of Employer B if they are ok reg your travel. My guess is that they would not!

Catapult,

Thanks much for your prompt response.

I am planning to stay with Employer A even after I return. I will quit only after a couple weeks after I return. And only after the H1 transfer gets approved. In India, I will go for Visa stamping with Employer A’s I797 with no knowledge of the pending H1 transfer (Employer B). I was under the assumption that the H1 transfer (Employer B is filing) will run completely pin parallel to the Visa Stamping for Employer A.

Do you still believe this is a risky affair? Please advise. Thanks much!