Switching Jobs - Can I get visa stamp with Old I-797

[arjunra]

Hello,

Any help is greatly appreciated.
I am switching jobs from company A to company B and I have plans of visiting India in February 1st & 2nd week. This will be my first H-1B stamp. I am a mechanical engineer and both company A and B are direct fulltime employers.

My question : Can I go to India before I quit company A and get the stamping done (with company A's I-797) and after I enter back US, join company B?

I am planning to quit Company A the next day I land in States after the stamping. I just dont want to go to visa interview with company B because I will not have any pay stub with them. I cannot change my travel dates, coz i am attending a wedding.

Please Help
RJ

[sk.aggarwal]

Hello,

Any help is greatly appreciated.
I am switching jobs from company A to company B and I have plans of visiting India in February 1st & 2nd week. This will be my first H-1B stamp. I am a mechanical engineer and both company A and B are direct fulltime employers.

My question : Can I go to India before I quit company A and get the stamping done (with company A's I-797) and after I enter back US, join company B?

I am planning to quit Company A the next day I land in States after the stamping. I just dont want to go to visa interview with company B because I will not have any pay stub with them. I cannot change my travel dates, coz i am attending a wedding.

Please Help
RJ

Getting a stamping for previous employer and intending to work for new one can be considered a fraud. Also I dont think you can leave country while transfer is going on. My advice will be to get new I-797 and go for stamping against it. Pay stubs are submitted to prove that you are still in status .. and you should be OK. Speak to attorney for the new company ...