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I came to USA on H1B visa with employer A, after 3 months I switched from company A to Company B. Currently, working as a Contractor for client X where my employer is Company B.

Next month, I am planning to visit Canada on a vacation purpose by road. I have a valid VISA till 2016. my employer on visa in passport is company A however I do have all necessary docs of Company B.

Could please clarify below questions:

  1. How much safe I am, returning to USA or what all I have to make sure to return safely?
  2. How likely or how much percentage that I would be asked to go back to home country and get stamping done with company B?
  3. Currently, I am yet to be done H1B amendament process as I have moved to new location on Janurary 2015. How would this affect my H1B stamping if I go to home country?
  4. My GC is in Labour phase now, if I stay back more than 6 months due to delay in H1b stamping with company B. What would happen to GC?

Your advice/inputs are greatly helpful and appreciated.

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  • @SpaceDog If Company B has filed the petition paperwork, Ajey can legally work for them. Ajey, is that the case?
    – phoog
    Jun 18, 2015 at 5:30
  • @phoog I did not know that, thanks for the info.
    – SpaceDog
    Jun 18, 2015 at 6:41

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If your new employer has filed a petition for you, you can use your unexpired visa with your old employer's petition until the new one is approved.

Once the new petition is approved, use the old visa with the new petition.

This means you do not have to be concerned about questions 2 through 4.

Source: http://www.state.gov/documents/organization/87226.pdf

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