QUESTION

Should I go for H1-B Visa stamping on Company-A where I work or Company-B which got my H1-B transferred but I never joined Company-B?

Asked on Jun 07th, 2013 on Immigration - Texas
More details to this question:
My H1-B is with Company-A, my current employer and it expires in April 2014 and the I-94 expires in April 2014. The Visa stamp on my passport expired in September 2010. Company-B filed for H1-B transfer in June 2011 that got approved in October 2012. It took really long. So I stayed with Company-A. I don't intend to work for Company-B due to the delay. I am going overseas with my family for a month in June 2013. Can I use the H1-B / I-797 from Company-A for stamping while overseas? Or is it mandatory for me to use I-797 from Company-B for stamping while overseas and then come back and join Company-B? Please advise.
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2 ANSWERS

Immigration and Nationality Law Attorney serving New York, NY
3 Awards
Where you are sponsored by company A, later sponsored by company B for H-1B transfer, but never work for Company B and instead continue with company A, you are not obligated to work for company B. When you leave the US in order to have your H-1B visa stamped, you should use the form I – 797 from company A. You may wish to check with company B in the future to see whether it has already canceled your approval. Most prudent companies would have already done so if they knew that you were not going to join them. Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.
Answered on Jun 10th, 2013 at 5:44 PM

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Immigration Law Attorney serving St. Louis, MO
Partner at CoxEsq, PC
2 Awards
Since you are not working for Company B, you should not use the I-797 from that company to renew your visa.
Answered on Jun 10th, 2013 at 12:16 AM

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