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Travel on old company's H1B petition and visa and new company's appointment letter?

Atlanta, GA |

Hi,

I have a valid visa and approved petition from company A. I have never traveled to US.

Company B is providing me an appointment/offer letter and wants me to travel to US with company A's petition and visa. Once I enter US they will start the H1B premium transfer process.

Is this right/possible?

Thank you,
M2

Attorney Answers 2

Posted

That's a very bad plan that will most likely get you sent to secondary inspection upon arrival at the airport, then most likely refusal of entry based on fraud, with your H-1B visa being cancelled as a result, and the U.S. consulate in Hindustan notified.. Good luck ever getting any type of US visa ever issued to you after that.. You simply cannot ask and expect to be admitted on the old employer's visa, when you in fact never worked for him and also are not currently working for any other H-1B employer!

Kindly be advised that the answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.

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1 found this helpful

2 lawyers agree

5 comments

Asker

Posted

Thanks a lot! I liked it how you correctly assumed I am from India :D

Giacomo Jacques Behar

Giacomo Jacques Behar

Posted

Thank you! After a while, when you've been answering so many questions on Avvo as I have by now, I can sense these things...:)

Asker

Posted

I also have a valid B1 visa. Can I enter US on B1 visa and then get my H1B transferred to the above employer or any other employer?

Giacomo Jacques Behar

Giacomo Jacques Behar

Posted

Babu, what about giving a "Helpful" vote to my colleague who also took the time to answer your question?

Asker

Posted

Of course I am greatly obliged for every single response. The past couple of days I have gone insane worrying about getting screwed by some desi IT "consultancies".

Posted

Without an approved petition from Company B, you can not travel on H-1B visa.

This response is general in nature and cannot be construed as legal advice, given that not enough facts are known. Any comments offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship. You are encouraged to seek independent and private counseling for a complete review of your case.

Mark as helpful

1 found this helpful

1 comment

Asker

Posted

Thank you!

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