H1B Transfer with Receipt Only .. Can I go to India and Come back

[jagmohan]

I am with Company A and my current H1 expires on Nov 2009. I got an offer from Company B and they are insisting to Join with H1B Transfer Receipt ( and not on getting I-797 Approval). Please let me know the following:

1. Can I join Comapny B with H1B transfer Receipt, can Comapany A create any issue here (like if comapany A cancels H1 Visa after I get receipt from Company B)

2. After I join Comapny B with H1B Receipt , and I get 1 payslip from Company B , Can I go to India and Come back to US with Visa Stamped (from Company A) and H1B Transfer Receipt from Company B ( Note I still may not have I-797 Approval Notice)

Regards

Jagmohan

[sac-r-ten]

here is a personal expirence.
1. I joined company B in 2006 with just a H1B receipt. I know for sure that company A must had revoked/cancelled my H1B since we didn't had good employee-employer relationship. i got H1B I797 from company B after 3 months and everything is smooth after that.

2. I was in similar situation of visiting homeland. 2.5 months after i applied for H1 with company B i called the attorney and asked if i could visit. he said wait for I979 or else we will apply for premium processing. But don't leave w/o I797. luckily i got I797 after 2 weeks and went to homeland and got visa stamped(company B).

Talk to your attorney for more clarifications.

[vin13]

1. You should have no problems joining Company B with jus the receipt. I do not think it should matter if Company A does anything after that.

2. You should not get visa stamped for Company A when you go back to India. This is because you have already changed to Company B. You can do it but it will be wrong. If the officer gets to know that then you may be in big trouble.

[snathan]

Please see the comments in blue

Originally Posted by jagmohan

I am with Company A and my current H1 expires on Nov 2009. I got an offer from Company B and they are insisting to Join with H1B Transfer Receipt ( and not on getting I-797 Approval). Please let me know the following:

1. Can I join Comapny B with H1B transfer Receipt, can Comapany A create any issue here (like if comapany A cancels H1 Visa after I get receipt from Company B)

Yes you can... you are safe untill you get any RFE or denial

2. After I join Comapny B with H1B Receipt , and I get 1 payslip from Company B , Can I go to India and Come back to US with Visa Stamped (from Company A) and H1B Transfer Receipt from Company B ( Note I still may not have I-797 Approval Notice)

Wait till you get I-797 for company B. Otherwise it might create trouble for you as you already have changed the employer. If you get any RFE or 221G while stamping how will you furnish the document from company A.

Regards

Jagmohan