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H1 B Stamping After Change Of Employer

Discussion in 'Nonimmigrant Visa Validity' started by chnrbk, Oct 22, 2014.

  1. chnrbk

    chnrbk New Member

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    I am currently working for an employer A on H1-B visa status and got an offer from employer B. Employer B agreed to jo in their company after my visa got approved and also they are fine with 3 weeks notice from the H1-B visa transfer apporoval date on USCIS web site.

    Now I am thinking to give 2 weeks notice to my current employer A,and use that extra 1 week(or max 10 days including weeknds/holidays) to travel to India with dependents before joining the new employer.

    Please advise
    1) if that is legal to travel India without on pay as technically not working with employer A or B ,but has valid petition with new employer. if legal, how many days maximum I can stay out of USA without pay.
    2) if suppose , not travelling and planed to just take vacation within USA? is that legal? and how long(1 week or 2 weeks..) I can stay in USA.

    3. Do I need to go for visa stamping to enter US again if go out of US after I get my approved petition as I already have valid visa till Sep 2015 from my current employer A.
    4) My dependents will be still have visa with my old employer, so do i need to get them transferred as well before travel out of USA . they also have valid visa for next 1 year?
    5) if no need to go for stamping , what are the documents to be shown at the port of entry? only I-797 or also client letter(which I will not have as practically not worked atleast one day)

    Thanks in advance.
  2. Ron Gotcher

    Ron Gotcher Attorney at Law

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    The AC21 legislation created an exception to the rule that when someone applies for an extension of status and then leaves the country, their extension is automatically abandoned. It allows H transfers to go out and return while their H transfer petitions are pending. You may use your old (existing) visa and a combination of your old (existing) I-797 and receipt notice for your new petition to re-enter.

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