I am employed with A, and A is in acquisition talks with B. Meanwhile I have a job offer from C that I plan to take up. C is just beginning the H1B transfer paperwork. I have a valid visa from A.
Because of personal obligations, I must inform about my new job to A now and that would mean B would not be continuing my employment.
I dont mind going out of the US for a short time before I have C's application approved.
1) Can I leave US while C is doing the paperwork and return once done? that would be wait till I797 is received?
2) I can still enter with the valid visa sponsored by A and dont need to go through consular processing before reentry, correct?
Criminal Defense Attorney
You keep restating the same very question packaging it in different forms, whereas the only thing you requires is the counsel of record who should be handing your important immigration issues.
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This is a repeat question and, more importantly, you have failed to tell us what company C's immigration lawyer said.
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This matter should be address with the Company's attorney.
1) NO! Cannot, should not - ask the firm's immigration lawyer to explain to you why exactly not.
2) NO, since you will no longer be working for A (or B) when you attempt to come back into the country.
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1) Inform your employer of your plan to depart the U.S. and enter to work for them.
2) If the H-1B visa continues to be valid, you may use it to enter the U.S. for a new employer whose petition in your behalf is approved.
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.