H1B visa stamping

[testmax]

Hello Everyone:

I was wondering if I can get some assistance with my H1B visa realted query.

I am currently on a H1B (exempt from quota limitation- non profit organization). My visa has expired. I have an appointment in India to get my visa stamped for my current H1B in the month of December- Dec 1.

Last week I got a new job offer and my new company will be filing for my NEW H1B under the quota system ( I have a US degree so, there should be no problems with my new application). For my new company I have given a start date of January 2 but it can be even earlier in December. My new H1B under premium processing should get approved by end of October 2005. At this point I am not sure what dates will the company put on the H1B petition. It could be January 2 or earlier. I will have to confirm that.

My problem is I need to visit India in Dec for personal reasons and would like to come back on my old H1B which is valid until Oct 2006. What will happen if my new company files for my H1B with a start date earlier before my visa interview which is Dec 1. Can I have two H1B before I go for my interivew ? I do not have any paper work or approval for the new H1B which is not yet filed but all the paper work and approval will be completed for the new H1B before I leave for India.

Will it help if I ask to new company to petition a start date of Jan 2 or is it ok if they put a date before Dec 1 which is my interview date. I will be grateful if anyone can shed some light in this matter.

Regards, RD

[Murali]

Let me keep it short.

You can have multiple H1s at one point of time.
Since you already have a H1 another H1 should not have any restriction related to start date.
You can always use your exisiting valid visa to come back , but show the new approved petion at POE for their record.

[testmax]

thanks for ur response Murali .... i apologize for the long message earlier. I wanted to give all details necessary to get a clear response....

From what you have said this is what I am understanding... If I go to India on current H1B for my Dec 1 interview and I am also issued a new H1B with a start date say Nov 1, I can get a my visa stamped for my old H1B and at the POE I should tell the immigration officer that I also have a new H1B and I plan to start my new job in January.. Will there be any issues at the Consulate with regards to my new H1B?

Thank you.
Regards, RD

[Veena_swsh]

HI,
If by the time you go to India, your new H1B petition is approved, then that is the stamping you should go for. It is not relevant what your start date with the company is. For the stamping, what is considered is the start date for the validity of your H1B (mentioned on the I797). And this start date as far as I know is the date of approval of the petition. I am not too sure if the employer can actually request for a future date.You will need to find that out from Co or its attorney. You now intend to work for the new employer, so legally that is the H1B that you should get stamped. Otherwise you are risking future stampings of yourself and spouse.

[testmax]

Veena_swsh Thank you very much for your kind response.

As I had mentioned earlier, my new employer will be filing my papers next week. So I don't have any documents from my new employer. Also, I have a interview date for Dec 1 for getting my current H1B visa stamped

My question is
1. Will I be required to submit photocopies of my NEW papers, appointment letter, and other documents for my new employer to the visa-services center that screens your application before they grant you a interview date?
2. If YES, when I submit my new papers ( say in November once my petition is approved) will the visa-services center cancel my old appointment and will screen the new papers and issue me a new date ?
3. If NO to Q.1, can I walk in for the interview with all my OLD employer papers and NEW employer and request that my visa be stamped for my NEW employer.

Your response is appreciated.
Thank you.
Regards, rahul.

[testmax]

Respone to my earlier question is appreciated.
Thank you

[Veena_swsh]

Hi,
Which consulate are you going? Is it Mumbai and using the old system of appointment which asks you to submit papers to VFS within 12 days of making appointment?

[testmax]

Veena:

My current appointment is scheduled under the old system for Dec 1 at the Mumbai Consulate. But I am also trying the get the new date of Nov 18 under the new system. Independent of the dates I am not very sure that I will have the new H1B processed by the time I am ready to leave for India. It may or may not happen. If I do not have my new H1B approval in hand before I leave, can I get my visa stamped for my current employer ? Will there be problems with that ? I have also tried writing to the VFS but have not heard back from them. I really appreciate your response.

Regards RD