H1B transfer or Petition transfer from India


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:

  1. Is it legal to travel to US with visa from company A and petition from company B?

  2. Do I need to go for stamping before I travel to US for company B’s assignments?

  3. 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?

Thanks for the response…

  1. Yes, you may.

    1. Since you can use A’s VISA to travel you don’t need to go for stamping again.

    2. It’s better to have VISA validity for another 6 months from your date of travel.

Thanks for your reply. Appreciated…

For Q # 1:

  1. 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.

  1. Is it a safe bet?
  2. What kind of questions should I ask him?
  3. What can go wrong here?

Thanks again for your valuable time…

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.

Thanks a lot Sujith.