H1b visa and Re-entry to US

[Mano8057 0]

Hi, my question is if I am currently in India on a project for company A ( hold valid H1 visa) and get a better job offer from company B while still in India, can I just leave employer A and enter US to start a new job with my new employer B ?

Thanks

[canadian_wife 1,822]

Your H1B visa is tied to your employer. If your employment with company A terminates, so does your work authorization with them. You'll have to go through the proper steps to have your H1B transferred

good luck

[Mano8057 0]

I get that..but if I accept the offer while I am still in India and the new employer starts the paper work for H-1 transfer.

Is that the way to go about this... I mean the employer is ready to hire me its just that I am not in the States....

[canadian_wife 1,822]

If you are no longer with company A, you cannot use an H1B to retenter the US. Your new H1B with your new company must be in hand

good luck

[Mano8057 0]

Pardon me, but when you say new H-1B...we are talking H1 transfer for the new employer right........

Coz I was informed that unless the current visa stamp is valid we can re-enter US.

[jan22 3,055]

You can use the current H1 to enter the US to work for your current company. Once the second company gets an approved I-797 on your behalf, you can also then use that I-797 in conjunction with your current visa to enter the US and work for that second company. You have to carry the I-797 with you to the POE -- they can't have just started the paperwork; they must have gotten DHS approval. You CANNOT use your current visa to go to the US and start working for the second company while they apply for the I-797 for you -- that would be considered fraud at the POE, since by using the existing visa without a new a pro ed I-797, you would be telling them your were entering to continue your employment with your current company.