My fiance recently got her H1B VISA transfer approved from company A to company B. But she had already booked her VISA appointment (for stamping in India) with company A before she received approval for transfer to company B. She has not yet started in company B and is still working working for Company A (she hasn’t informed company A yet that she will leave). Can she still go to India as an employee of company A, get her VISA stamped as employee of Company A and enter the USA as an employee of company A? (She will join Company B after she returns, after 2 week notice period). Has anyone experienced a similar situation? Will there be any potential issues during her appointment interview, since her transfer petition is also approved already but she still is going as an employee of company A? Any and all opinions/comments are helpful. Thank you!
She can technically do that…There may not be any issue. But, the reality is that, if you already have approval and you plan to work for B, you might as well get the stamping done for B. While legally, you may be fine, but logically it is better to get Stamping Done for B as you will have stamping with B and the end date could be longer…So, discuss with your attorney at B and take a decision…
Thank you very much for your insight and I completely agree with you that logically it makes sense to do so. Unfortunately she just received her H1B approval for transfer and she has to leave for India in 2 days. Her appointment at US consulate is on the 4th of November. She has not yet put her 2 weeks notice in at her current company so technically she cannot quit and start with new company. (She did not want to start at new company till transfer was completely approved). Hence she is now in the situation where she will need to put her 2 weeks notice in after she returns from India. So we were trying to find out if this will cause any potential issues during her interview.
Understand, Good luck !