H1B transfer while in India

USA H1B Visa
1

Hello there,

My visa status got changed from F1-OPT to H1B last year i.e 2015 and I am currently with employer A’s H1B and never got a chance to get the H1B visa stamping done. Recently I got a full time opportunity from employer B and they have started to prepare my petition for H1B transfer. Also I had to travel to India due to a personal emergency couple of days ago(right now I am in India) and told Employer B that I will come back to US on their company’s visa stamping. When I consulted employer B to have an update on filing status, they informed that they are going to file the transfer petition in premium processing late this week or early next week.

I did not inform my current company i.e Employer A about the H1b transfer since I don’t have the receipt in hand yet. In fact my current employer knows that I am going to come back to US on their company’s visa stamp. I have the form I797A (with attached I94) expiring in Sep,2018 and all the other supporting documents required for visa stamping from employer A. So here are my questions:

  1. When is the right time to inform my current employer that I am gonna quit and come to US on Employer B’s visa stamping.
  2. Since employer B is filing my transfer when I am in India, I believe I will get approval notice without the I94 attached to it. Will this be a problem when I attend visa interview on employer B’s H1B or at the POE(except I receive a new I94).
  3. If at all I change my mind and doesn’t want to join Employer B after H1B transfer aprroval, Can I still go for stamping on Employer A and come to US and work for employer A.
  4. Can I get the visa stamped on employer A and enter United states and work for Employer B(on whose approval notice there is no I94) or do I need to go out of US again and get a new I94 card.
  5. Since I haven’t worked for employer B I don’t have any paystubs from them. Is it ok to show employer A’s paystubs during visa interview.

Pls let me know If you have any other safest route to tackle this situation.

Appreciate your time and quick response.

Thank you in advance!

2

  1. Safest option is to inform them after getting visa stamped through B; but you can also tell them after your petition has been approved. Do you have to serve notice period w/ them or anything?

  2. That is ok. You would receive new I-94 when you enter US on H-1 visa.

  3. Yes, you can join A. It is not really a “transfer”. Once B’s petition is approved, you have 2 approved petitions and can work for either.

  4. You can do this if you enter on A’s visa stamp and B’s petition. This way you can work for B w/o requiring any further action

  5. Yes, that is ok. Your visa status is determined based on A’s payslips as you were working for them

3

Thanks much Saurabh for taking time and answering my questions.

I am not sure If I need to serve a notice period as I never spoke to my employer on quitting the job or I know anyone from the company who has done this before. Actually I work for a consultant as a fulltime employee and my project came to an end before I left US. So I am assuming there shouldn’t be a notice period as I am not engaged with any of the client or If there is, it should be minimal.

For point # 4: you mean to say I will get a new I94 card when I showcase the B’s petition at POE?
Since my return ticket is booked for 2nd week of june I want to go for visa interview ASAP and not wait untill B’s petition is approved. Do you think this is the right way? Or It’s better to get the stamping done on B, wait untill I get the passport in hand and then come back to US?

Also wanted to know If I can book a visa interview slot before getting approval petition from employer B and submitting form DS160?

4

If you enter on A’s petition then your I-94 will be issued for A, and you can work for them. In order to join B, they will have to file an amendment to get an I-94.

This will happen b/c B’s petition would be approved w/ consular processing and w/ no I-94 attached.

Do you plan to complete DS-160 using A’s information or B’s?

5

Hi Saurabh,

Thanks for your reply.

My question is, do I need to complete and submit DS160 before booking a visa interview slot? Or I can book the slot first and later complete and submit DS160 upon reception of approval notice from B. I wanted to do DS160 for employer B.

6

You can start a DS-160 form which will generate a number. Use that number to pay the fees and book the slot. Before appearing for interview, ensure you complete and submit DS form using the same number. They have option to save draft forms and retrieve it later.

7

Hi Saurabh,

Thanks for your valuable comments so far. I just booked by visa appointment without submitting DS160.

Do I need to carry the resignation letter or experience letter from employer A when I attend the interview? I want to get the visa stamped on B. I don’t have anything from employer A except paystubs, so little bit concerned about it.

Thank you!

8

Just having payslips should be sufficient. This would show that you were employed with A and maintained legal status by getting paid.