Travelling to India with current employer approval then joining new employer after return

Hi Guys,

I am currently planning to travel to India and get my h1b Visa stamped under the current employer. However, I have my H1b transfer already approved with another employer.

The reason I want to stamp under my current employer is that I want to use up my vacation with the current employer.

Please advise if I can stamp under current employer and then come back Initiate resignation and transfer to the new employer without having to exit and reenter using new I797?

or can I stamp my visa under new employer then come to the US and initiate resignation & start working with the new employer

Thanks in advance!!

If you intend to work for the new employer, the better thing to do is get stamping based on the new employer and then work for them. You will get H1B till end of the petition and also your I-94 at entry till end of the petition, if you go with old, then you will not have the I-94 tied to the new petition and ending would be till old petition end date…Discuss with your attorney as well at new company.

Hi Kumar,

New employer lawyer had also told the same. So, I am going ahead with stamping the visa on new employer.

Thanks for the insight!

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Sure, Good Luck !
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