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H1B visa stamping after resigning from current company and before joining new company

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asked Nov 10, 2016 in H1B: Visa Stamping by anonymous

Hi,

I'm currently working with Company A. I have the petition from this company valid till "11/2019". My H1B visa expired this year in September 2016. I have travel plan to go to India in November 2016. I'm traveling on 11/24/2016 and coming back to US on 12/26/2016.

I got offer from another Company B. They have filed for my Change Of Employer Petition in Premium. I should get the approval by 18th Nov 2016. The joining date in this new company is on 3rd Jan 2017.

My question is, Can i resign from my current company A, travel to India and get my visa stamped by using the new petition from Company B. And then travel back to US and join company B in January. I have the offer letter and Company Support Letter from Company B.

I'm worried about resigning from current company and getting the visa stamped in India without being employed for 30 days during my stay in India. Please advice what should i do in this case.

1 Answer

0 votes
answered Nov 11, 2016 by Attorney Emandi (4,450 points)
The US consulate generally shall entertain visas prior to initiating employment 30+ days prior to employment. See if the employer letter you submit from your employer requesting visa stamping will generally state that you will begin employment immediately as opposed to a specific date in January if possible.

Best regards,

Attorney Emandi

rani@emandilaw.com

If you are looking for a Project or an H1B Visa Transfer, with Immediate GC Process, please call us at (800) 693-8939 or h1btransfer@hireitpeople.com

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