Legal Question in Immigration Law in Indiana

Re: Do I need to exit USA?

If you have a new I-94 at the bottom of the I-797, then not only can you start, but you don't need a new visa stamp.

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Re: Do I need to exit USA?

I really disagree with the advice you are getting. In my opinion, if adjustment of status was requested at the time of the petition, you are OK to remain in the USA and start work for the new company. You will need a visa stamp on your passport to reenter the country if and when you decide to travel.

To have a better understanding I will have to see the relevant documents (I-797 and H1-B petitions). Let me know if I can be of further assistance.

PLEASE DO NOT ACT ON THIS MESSAGE ALONE. RETAIN COMPETENT COUNSEL AND SHOM HIM/HER ALL THE DOCUMENTS.

Re: Do I need to exit USA?

Thank you for your email. Because you have transferred to company B (as long as there has been no break in your employment with company A) you may begin work immediately for company B (assuming both petitions were H-1B petitions). An I-129 transfer petition need only be filed (not even approved) to begin work under the scenerio you have outlined. It is very important that you have current status (it is not enough that your H-1B visa with company A had not expired at the filing of the new H-1B petition). You must have continued to work for and be paid by company A in order to immediately transfer to company B. If this is the case you would need to have the new visa with company B issued into your passport the next time you leave the U.S. so that you may make a valid entry. In the meantime you can begin work with the new company. It is important to verify that you have proper status (per your passport, I94 card, work status with company A and I-797 approval notice).

As far as a Canadian Consulate issuing your visa, it is possible to do so as a third country national. Traveling to Canada will save you time and money. Know however that visa applications by third country nationals are scrutinized more closely. If you are denied you will still have to travel to your home country for visa issuance before you will be allowed to re-enter the U.S. As such, it is very important that all your documentation is in order.

Please feel free to call me if I may be of further assistance. I may be reached at 619.233.0900.

Sincerely,

Re: Do I need to exit USA?

If the new Petition that Company B filed was a bona fide Transfer Petition, yes, you may begin working for Company B, upon filing with Citizenship and Immigration Services ("CIS").

Regarding getting your potential Visa Stamp, Visa Revalidation is the process whereby certain individuals may renew their visa without leaving the country. Foreigners in the U.S. who wish to travel abroad for a brief period are always risking that they will be unable to return to the U.S. after they complete their trip since they lack a valid visa allowing them to re-enter the U.S.

The Visa Revalidation procedure was created to alleviate this problem where certain eligible foreigners may obtain a new visa through the United States Department of State without leaving the country. In order to be eligible, you must, at a minimum:

(1) have an H-1B1 Visa;

(2) be in valid status;

(3) possess a passport that is valid for at least six (6) months; and

(4) have an original H Visa that is valid for 60 days or less; or

(5) have an original visa that expired within the past twelve (12) months.

An alternative to the Visa Revalidation Process is to apply for a Third Country Visa ("TCV") at a U.S. Consulate located in either Mexico or Canada. The use of designated U.S. Consulates in Mexico or Canada allows the candidate to return to the U.S., regardless of whether the visa is issued (provided the candidate is in valid status).

Obtaining a Third Country Visas may be preferred to obtaining a Visa Revalidation since it is generally a faster process and results in a new visa more quickly. However, beginning on April 1, 2002, in light of the events of September 11th, the U.S. Department of State adopted a new Interim Rule, which prohibits a TCV applicant from reentering the U.S. within 30 days with a valid I-94 if he/she fails to obtain the visa.

Because of the Interim Rule, we strongly recommend that you have an experienced immigration attorney evaluate your situation carefully before you apply for the Third Country Visa processing.

If you would like for us to review your papers in order to evaluate whether or not you are eligible for either U.S. State Department Revalidation or Third Country Visa processing, please telephone the office at (212) 618-1830.

Re: Do I need to exit USA?

sounds like they may have filed a consular case for you. If so, then yes, you will need to go to Manila first. I do not understand why they would have done that, however, unless you were laid off from your job A many months ago or something.