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Vermont Service Center - H-Visa Issues Use this subforum to discuss about varius issues regarding H-visas in Vermont Service Center

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Old 28th July 2004, 01:05 PM
gakelas gakelas is offline
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H1 B trasnfer - impact on H4 petition

I'm with a employer 'A' & my H1 visa is valid till Feb' 2006 thorugh company 'A'.

There is a small company 'B' started in Feb' 2004. I have applied for H1 through company 'B' & planing to work from company 'B' from next month. I will be required to go to India in November 2004 for marriage.

With the new law being enforced from july 2004 i'm just wandering

1. Do i need to get my Visa stapmed with the new H1 from comapny 'B' when i go to India in Nov' 2004

2. As the company 'B' is started in this year..They willn't be able to produce any tax returns statement... what will be impact on H4 petition i apply in Nov'2004 once i get married sometime around the same time ..
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Old 29th July 2004, 04:20 PM
sertra2002 sertra2002 is offline
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With the new law being enforced from july 2004 i'm just wandering

1. Do i need to get my Visa stapmed with the new H1 from comapny 'B' when i go to India in Nov' 2004
==> As your old visa will be valid, you can use that. But if the old company decides to cancel your H1, you could be in trouble. Therefore it is better to have visa stamping with new company's H1. But be aware that this may be highly highly risky. Your visa could be rejected and you could be stranted.

2. As the company 'B' is started in this year..They willn't be able to produce any tax returns statement... what will be impact on H4 petition i apply in Nov'2004 once i get married sometime around the same time.
==> Because this is a startup, you may face problem in getting H1 and/or H4. This will be highly risky, because if they deny your H1, you will be stuck in India with no visa. If I were you, I will NOT change to this startup and take the risk of visa rejection. If you have to change, wait till after you get marriead and get the H4.
__________________
EB3 at NSC, COB - India, PD 03/05/02
I-140 - ND 05/03; RFE: 11/03; AD 04/04
I-485 - ND 08/03; Ist FP - 05/04; RFE - 05/09/05; AD - 06/01/05; PS - 06/16/05; Bio (code 2) - 08/13/05; CO 08/13/05; CM 08/16/05; CR 08/19/05

Spouse I- 485 - ND 08/03; Ist FP - 05/04; Bio (code 2) - 06/01/05; LUD 06/02, 06/13, 06/14 - AD ?????

Name check for self and spouse done - 12/03.

Last edited by sertra2002; 29th July 2004 at 04:23 PM.
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