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Subject:
Traveling with two approved H1B`s. Which should be used to get stamp ?
Category: Relationships and Society > Law Asked by: gaurav811-ga List Price: $20.00 |
Posted:
04 Nov 2005 08:31 PST
Expires: 05 Nov 2005 09:50 PST Question ID: 588984 |
Hi, Here is my situation. I am a Indian citizen who graduated from US university with double masters in May 05. I am working for employer A since May on my opt and have H1 visa approved for employment from Nov 1st 2005 to Nov 2008. So now I am working on a H1B status. Also I have obtained a job from employer B who is ready to apply for a new H1 application for me via premium processing which takes 2wks time. The starting date of work with B is Jan 2nd. I plan to leave the company A by Nov 30 after my H1 approval from company B has arrived. I also plan to visit India in month of December before starting at company B. So when I will go to India I will have two approvals with me from A and B. Though I woould have terminated my employement with A. So my questions is... 1) What are my options so that I can come back to USA in end of december with a stamp on my passport ? -->Should I apply for H1B stamp using approval from employer B(with which I wouldnt have started as yet) or employer A which I would resigned but would still have paystubs and approval letter ? 2) What date should the employer B file on the new application ? Is it the date of my actual employment(Jan 2nd) or should it be December 1st (the time at which I will terminate my employment with employer A) 3) Please give an example of a good way to present my case in indian consulate because normally they would expect a US based H1B employee to come for H1B stamping with the employer A`s paystub but I would/might be applying for H1B for employer B. So wont have any paystubs. How would I explain this case. 4) Given that my employemnt with B starts on Jan 2nd 2006 how soon I can visit indian consulate for H1B stamping ? A good answer could be pointing to a previous case like mine. Or information with thorough references so that it leaves no doubt what options I have. Remember the employer B hasnt applied for my H1B so starting date of the H1 can be changed upon request but the actual start date of work cannot. I am aware that a employee can take a vacation and might not be working and not paid (in this case since I didnt even start working) and still be in valid status. Thanks.I am really desperate for answers. |
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