I have H1B visa through company A and is valid till March 2013. I already traveled to US last year and have 3 paystubs (last worked in Dec 2011) and W2. I am now in India and there is no onsite project with company A in which they can send me to US. I found a consultant in India - Company B - who is ready to send me to US. They are going to file a new petition for me. Now my question is:
Is it legal to travel to US with visa from company A and petition from company B?
Do I need to go for stamping before I travel to US for company B’s assignments?
I heard that, during the last 6 months of my visa validity period, if I travel to US, I might face issues in the immegration in port-of-entry in US. Is this true?
So there won’t be any immegration issue at the port of entry if I travel to US with visa from company A and petition from company B.
For Q# 2:
If I resign from company A, can I still legally use their visa to travel?
I have couple of more questions:
As I mentioned, I got a consultant (based out in US but offices in India), who would do a new petition for me. They said they would provide me client interview while I am in India. Once I am through, they would provide the client letter & then file a new petition. With the petion they are askin me to travel. They are charging somewhere rom $2000 - $3000 as security deposit with an agreement period of 1.5 - 2 yrs.
As per my understanding, there won’t be an issue at PoE if you use a stamped VISA from employer A and petition from employer B.
Personally, I wouldn’t recommend paying any amount upfront for H1B filing. The chances that you lose this money if your petition is denied is very high.