I am an Indian citizen. I am on a nonprofit
H1B since 2008 with employer A. I completed my 3 yr quota in Dec, 2011.
I got another 3 yr extension with employer A starting in Jan 2012 and ending in Dec 2014.
I am working with employer A.
Currently I have a approved I797 issued by employer A, ending Dec 2014.
I will be joining a new (non-profit) employer B starting 1 Dec, 2012. My last working day
with employer A is 30 Nov, 2012. Employer B has filed an application for H1B transfer on 1 Sept. 2012
and it is in process.
The stamping on my passport has expired.
I want to visit India sometime in Oct or Nov (ideally from 15 Oct to 10 Nov). My next stamping will
be the second H1B stamping.
The question is should I visit India only after my transfer is complete? There are two possibilities:
(1) Visit India before the transfer is complete. In this case I will have to show to the immigration officer
the I797 issued by employer A. If he asks for the appointment letter I think I will have to show the one by
employer B. Will this be a contradiction? The appointment letter from the last employer (A) went till
Aug, 2012. I am still working and getting paid, but employer A never issued an appointment letter going from
Aug 2012 to 30 Nov 2012.
(2) Visit India only after the transfer is completed. If the transfer is not completed within he next week I
will apply for premium processing and visit India with 797 from B. In this case I will show to the immigration officer I797
issued by B and
appointment letter from B. So there is no contradiction. But the catch is that after I return from India I will
continue working for employer A for a few days. For example if I return on 10 Nov, I will continue working
with employer A for 20 more days. (I will be going to India taking leave from employer A). So I will be
on the payroll of A till Nov 30.
Question is which of the two possibilities should I act on ?
In possibility (1) there is a contradiction; also many of my
friends have warned me that it is not a good idea to go for stamping when transfer is in process.
In possibility (2), after
the stamping (using 797 of B) is done, I will work for employer A for some time. Is this illegal?
Which possibility is more risky from the point of view of the stamping being denied?
I have never applied for green card.