H1B Transfer and Travel


I’ve a valid H1B stamping till June 2017 from Company A(consulting firm). I also have approved I-140 from Company A. I was in India from past 1.5 year. Company A is still holding my H1, but I’m not currently employed(still in India). Now, I got a full-time offer from Company B(big firm). They are ready to file my H1B Transfer petition once I reach US with new I-94. I did not tell Company A about the new offer but he gave me employment verification letter for me to travel.

With that said,

  1. Can I travel to US on my current Visa(Company A) with employment verification letter and show the LCA which is has a old client location? He basically wants me to come and try for new contracting positions for different clients.

  2. The reason I was in India for 1 year was because of health issue and if asked in POE I can show him the medical records.
    But if he asks for the client letter I do not have one to show him except the LCA(on client location). What are the issues I can face at POE.

  3. What if at the POE, my visa is cancelled. Will that effect my chances for future h1 or h4 process?

  4. Instead of taking risk, My spouse is on H1B. Can I convert to H4 and ask Company B to file H4 to H1B on my I-140. Is this is valid scenario?

Any other suggestions would be really helpful. What would be best acceptable way for my scenario?



Even though you are not going to work for A, you are using them as a vehicle to land in US and then move to B. May still be legal as A is supporting your travel to US, but very unethical.

  1. This should be the preferred option. Travel to US on H-4, then ask B to file H-1 transfer + COS to H-1.